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  • NASW-IL Staff

June 2023: Illinois Spring Legislative Session Update

NASW-Illinois Chapter membership helps us to push for legislation that benefits Illinois social workers. As the largest membership association in Illinois advocating on behalf of social workers, consider adding your voice to our efforts and join/renew your NASW membership today.


As Illinois has concluded its 2023 legislative session, we wanted to give you an update on some legislation that might be of interest to our members and that the NASW-Illinois Chapter worked on to address issues with or supported. While a lot of work modifying legislation or opposing legislation that would hurt the profession or your clients doesn't show up in the final tally, here is a sample of some of the bills that moved in this session that we supported.


BUDGET HIGHLIGHTS

The state passed its fifth straight budget with a surplus going into a rainy day fund. Investments in mental health were made across the board as our collective advocacy work continues to succeed at pushing the need for the state to invest more dollars in mental health, create higher reimbursement rates, and a larger mental health workforce.


Just a few of the highlights:

  • 30 million increase in Medicaid rates for community mental health provider

  • Millions allocated to continue to fund and build mental health clinics and rehabilitation centers.

  • 3 million allocated to continue the School Social Work Education Bridge Grants to allow MSWs to get a full tuition reimbursement for the bridge graduate program for school social work endorsement. Priority for the grant will go to minority applicants.

  • 3 million allocated to continue the School Social Work Loan Repayment Grants to school social workers who work in public schools for a set number of years. Priority for the grant will go to minority applicants.

  • Nearly $75 million increase for DCFS to hire 192 staff, expand training and protection, increase scholarships for youth in care, and improve facilities

  • More than $500 million in new state and federal funds to support the state’s healthcare system

  • Approximately $240 million increase to better serve Illinoisans with developmental disabilities

  • $42.5 million for grants to counties and cities for their costs associated with asylum seekers

  • $22.8 million in funding to begin implementing the new Children’s Behavioral Health Transformation Initiative

  • $18 million increase to support reproductive health initiatives

  • $35 million increase for TANF to address an increase in caseload, make inflation adjustments and increase eligibility from 30 percent to 35 percent of the federal poverty level $41 million for youth employment and summer job programs

  • More than $118 million to support unhoused populations seeking shelter and services, including $40.7 million in the Emergency and Transitional Housing Program

  • 50 million in Rapid ReHousing services for 2,000 households, including short-term rental assistance and targeted support for up to two years

  • $40 million in Permanent Supportive Housing (PSH) Capital funds to develop more than 90 new PSH units providing long term rental assistance and case management

  • $37 million in Emergency Shelter capital funds to create more than 460 non- congregate shelter units

  • More than $35 million for supportive housing services homeless youth services, street outreach, medical respite, re-entry services, access to counsel and other shelter diversion supports

  • Continues the multi-year commitment of $250 million for the Reimagine Public Safety Act to prevent gun violence and expanded funding for youth employment programs

  • Includes $200 million for the Restore, Reinvest, and Renew (R3) grant program, a $75 million increase

  • Includes more than $2.1 million for Safe2Help Illinois, a 24/7 program where students can share information on safety issues in a confidential environment

  • Includes $13 million in funding for the Adult Redeploy Program, an increase of $1 million to allow for continued program expansion

  • $16.5 million for a multi-year initiative to modernize the state’s professional licensing system at the Department of Financial and Professional Regulation and additional funds for a call center to assist in the transition

  • $20 million to address food insecurity in urban and rural communities through incentivizing the opening of grocery stores and providing grants for equipment upgrades to existing small grocers through the Illinois Grocery Initiative


MENTAL HEALTH HIGHLIGHTS

SOCIAL WORK COMPACT

Due to concerns around abortion and gender-affirming care restrictions and how compacts could be utilized by anti-abortion and anti-gender-affirming care states – all compacts in this session were paused. We continue to work with our partners in the General Assembly, other like-minded professions, and advocates in the abortion and LGBTQIA+ rights organizations to chart a path forward that expands access for social workers while upholding social work values. (Please note: The bill the counselor’s compact was in was cleared and used for another purpose. While the bill passed the compact was no longer in the language.)



SB1913 INS-HEALTH/TELEHEALTH SERVICES (FINE L)

Senate Floor Amendment No. 1 -. Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that the Department of Healthcare and Family Services and any managed care plans under contract with the Department for the medical assistance program shall provide for coverage of mental health and substance use disorder treatment or services delivered as behavioral telehealth services; and that the Department and any managed care plans under contract with the Department for the medical assistance program may also provide reimbursement to a behavioral health facility that serves as the originating site at the time a behavioral telehealth service is rendered. Sets forth provisions concerning coverage of mental health and substance use disorder telehealth services. Provides that the Department may adopt rules to implement the provisions.

CURRENT STATUS

6/7/2023 - Sent to Governor for Signature

HB559 REGULATION-TECH (MORGAN B)

House Floor Amendment No. 3 - Provides that the amendatory Act may be referred to as the Health Care Workforce Reinforcement Act. Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. Provides that any person who was issued a temporary out-of-state permit or temporary reinstatement permit by the Department of Financial and Professional Regulation in response to the COVID-19 pandemic may continue to practice under his or her temporary out-of-state permit if he or she submits an application for licensure by endorsement to the Department on or before May 11, 2023. Provides for license application requirements for holders of temporary out-of-state permits or temporary reinstatement permits in specified professions. Effective immediately.


CURRENT STATUS: Passed Both Houses

4/27/2023 - Effective Date April 27, 2023

HB1364 9-8-8 TASK FORCE (GUZZARDI W)

Creates the 9-8-8 Suicide and Crisis Lifeline Task Force Act. Provides that the 9-8-8 Suicide and Crisis Lifeline Task Force shall be composed of 12 appointed members and the State's Chief Behavioral Health Officer, or the Officer's representative. Provides that the 2 Task Force co-chairs shall appoint experts to contribute and participate in the Task Force as nonvoting members. Provides for meetings of the Task Force and responsibilities relating to examination of the first year of implementation and use of the 9-8-8 Suicide and Crisis Lifeline in Illinois. Requires the development of an action plan with specified recommendations to be filed with the Governor and General Assembly by December 31, 2023. Includes legislative findings. Repeals the Act on January 1, 2025. Effective immediately.


House Floor Amendment No. 1 - Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Changes the short title of the Act to the 9-8-8 Suicide and Crisis Lifeline Workgroup Act. Provides that the Department of Human Services, Division of Mental Health, shall convene a working group that includes members of the General Assembly, representatives of State agencies, the State's Chief Behavioral Health Officer, the Director of the Children's Behavioral Health Transformation Initiative, service providers from the regional and statewide 9-8-8 call centers, representatives of organizations that represent people with mental health conditions or substance use disorders and that operate an Illinois social services helpline or crisis line other than 9-8-8, including veterans' crisis services, more than one individual with personal or family lived experience of a mental health condition or substance use disorder, experts in research and operational evaluation, and any other person or persons as determined by the Department of Human Services, Division of Mental Health. Requires the Department of Human Services, Division of Mental Health, to submit a report to the General Assembly regarding the Workgroup's findings related to the 9-8-8 call system. Modifies the Workgroup's responsibilities, including removing requirements to review the recommendations and decisions of previous State-led workgroups on transforming the mental health crisis response system and that the action plan must include a plan to sustainably fund a statewide 9-8-8 call center network in fiscal year 2025 and beyond. Effective immediately.


Senate Floor Amendment No. 1 - Amends the Illinois Insurance Code. Provides that an insurer that amends, delivers, issues, or renews a group or individual policy of accident and health insurance or a qualified health plan offered through the health insurance marketplace in the State providing coverage for hospital or medical treatment and for the treatment of mental, emotional, nervous, or substance use disorders or conditions shall submit an annual report, the format and definitions for which will be determined (rather than developed) by the Department of Insurance and the Department of Healthcare and Family Services (rather than a workgroup) and posted on their respective websites, starting on September 1, 2023 and annually thereafter, (rather than on or before July 1, 2020) that contains specified information. Removes provisions concerning a workgroup convened by the Department of Insurance and the Department of Healthcare and Family Services to provide recommendations to the General Assembly on health plan data reporting requirements.


Senate Floor Amendment No. 2 - Amends the Community Emergency Services and Support Act. Changes "responder" to "mobile mental health relief provider" throughout the Act. Provides that the Department of Human Services, Division of Mental Health's guidance for 9-1-1 PSAPs and emergency services dispatched through 9-1-1 PSAPs for coordinating the response to individuals who appear to be in a mental or behavioral health emergency while engaging in conduct alleged to constitute a non-violent misdemeanor shall promote diversion from further criminal justice involvement, including prioritization of referrals to a pre-arrest or pre-booking case management unit in any areas served by pre-arrest or pre-booking case management. Requires the Statewide Advisory Committee to continue to meet until the Act has been fully implemented and mobile mental health relief providers are available in all parts of Illinois, and allows the Division of Mental Health to reconvene the Statewide Advisory Committee at its discretion after full implementation of the Act. Provides that, if no person is willing or available to fill a member's seat for one of the required areas of representation on a Regional Advisory Committee, the Secretary of Human Services shall adopt procedures to ensure that a missing area of representation is filled once a person becomes willing and available to fill that seat. Requires the Division of Mental Health to establish a clear plan and regular courses of action to engage, recruit, and sustain areas of established participation. Requires each Regional Advisory Committee to identify regional resources and supports for use by the mobile mental health relief providers as they respond to the requests for services. Provides that each 9-1-1 PSAP and emergency service dispatched through a 9-1-1 PSAP must begin coordinating its activities with the mobile mental and behavioral health services established by the Division of Mental Health once specified conditions are met, but not later than July 1, 2024 (rather than July 1, 2023). Requires the Division of Mental Health to submit a report to the General Assembly on or before July 1, 2023 and on a quarterly basis thereafter on its progress in implementing the Act. Makes other changes.


CURRENT STATUS

5/19/2023 - Passed Both Houses


SB1709 MENTAL HEALTH-STUDENT ACCESS (SIMMONS M)

Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that the Department of Human Resources shall partner with the State Board of Education to provide technical assistance for the provision of mental health care during school days with the goal of increasing the availability and accessibility of mental health resources for students. Provides that the Department shall report to the General Assembly on the implementation of the technical assistance provision no later than July 1, 2025. Provides for rulemaking by the Department and the State Board of Education.


CURRENT STATUS: 6/7/2023 - Sent to Governor for Signature



HB3798 EDUC-SCH SOCIAL WORKER GRANT (STAVA-MURRAY A)

Amends the State Board of Education Article of the School Code. Provides that, beginning with the 2023-2024 school year, all internships for school social workers must be paid internships. Provides that, subject to appropriation, the State Board of Education shall award competitive grants on an annual basis to school districts to assist in the funding of these paid internships. Provides that the State Board of Education shall annually disseminate a request for applications to the grant program. Provides that higher priority shall be given to schools that demonstrate a shortage of school social workers, which is determined by the average ratio of school social workers to students in the target school district over the preceding 3 school years. Provides that the State Board of Education shall produce an annual report on the program. Amends the Board of Higher Education Act.


Provides that, subject to appropriation, the Board of Higher Education shall award competitive grants on an annual basis to colleges and universities in this State to fund field placements for social workers. Provides that, subject to appropriation, colleges and universities shall annually disseminate a request for applications from students under the grant program. Provides that colleges and universities, upon receiving funding, shall provide applications to students eligible for this funding. Provides that a college or university shall give priority to applicants who are members of a racial minority. Provides that each college or university that receives funds shall provide an annual report to the Board of Higher Education, and the Board of Higher Education shall post those reports on the Board's website. Effective immediately.


CURRENT STATUS

4/28/2023 – Bill passed the House but did not get read in the Senate.



HB2365 SOCIAL WORK-EXAM ALTERNATE (LAPOINTE L AND VILLA K.)

Amends the Clinical Social Work and Social Work Practice Act. Provides that an applicant may use an examination alternative to allow the Department of Financial and Professional Regulation to ascertain the qualifications and fitness of candidates for a license to engage in the independent practice of clinical social work. In provisions concerning examination alternatives, provides that the examination alternative shall consist of at least 3,000 hours of supervised professional experience (by an LCSW) that is obtained within the 10 calendar years immediately preceding the date of application (rather than 2 years of supervised professional experience) and after the degree is obtained as established by rule. Provides that the examination alternative supervised professional experience shall be in addition to any other supervised clinical professional experience required for licensure. Provides that beginning January 1, 2026, an applicant acquiring the examination alternative supervised professional experience must be a licensed social worker or licensed in this State for the practice of school social work prior to acquiring the supervised professional experience.


Senate Committee Amendment No. 1 - Provides that an applicant who, on or after the effective date of the amendatory Act or within 5 years before the effective date of the amendatory Act, has taken but has not successfully completed an examination to ascertain the qualifications and fitness of candidates for a license to engage in the independent practice of clinical social work (instead of only an applicant) may use an examination alternative to allow the Department of Financial and Professional Regulation to ascertain the qualifications and fitness of candidates for a license to engage in the independent practice of clinical social work.


CURRENT STATUS

5/19/2023 - Passed Both Houses



HB2450 SURG ASSIST/TECH TITLE-MISC (VILLIVALAM R)

Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. Provides that for health care professional license or registration renewals occurring on or after January 1, 2025, a health care professional who has continuing education requirements must complete at least a one-hour course in training on cultural competency. A health care professional may count this one hour for completion of this course toward meeting the minimum credit hours required for continuing education. Provides that, notwithstanding any other provision of law, for health care professional license or registration renewals occurring on or after January 1, 2025, a health care professional whose license or registration renewal occurs every 2 years must complete all statutorily mandated topics within 3 renewal periods. Provides that if any additional statutorily mandated topics are added by law after the effective date of the amendatory Act, a health care professional whose license or registration renewal occurs every 2 years must complete all statutorily mandated topics within 4 renewal periods. Provides that the Department of Financial and Professional Regulation shall maintain on its website information regarding the current specific statutorily mandated training topics. Provides that each license or permit application or renewal form the Department provides to a health care professional must include a notification regarding the current requirements for the specific statutorily mandated topics. Provides that, notwithstanding any other provision to the contrary, the Alzheimer's disease and other dementias training must be completed prior to the end of the health care professional's first license renewal period, and thereafter in accordance with the provisions of the amendatory Act.


CURRENT STATUS

6/7/2023 – Passed Both Houses


HB218 CIVIL LAW-TECH (GONG-GERSHOWITZ J)

House Floor Amendment No. 1 -. Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice within the meaning of the Act for any firearm industry member, through the sale, manufacturing, importing, or marketing of a firearm-related product, to: (i) knowingly create, maintain, or contribute to a condition in Illinois that endangers the safety or health of the public by conduct either unlawful in itself or unreasonable under all circumstances, including failing to establish or utilize reasonable controls; (ii) advertise, market, or promote a firearm-related product in a manner that reasonably appears to support, recommend, or encourage individuals to engage in unlawful paramilitary or private militia activity; (iii) advertise, market, promote, design, or sell any firearm-related product in a manner that reasonably appears to support, recommend, or encourage persons under 18 years of age to unlawfully purchase or unlawfully possess or use a firearm-related product; or (iv) otherwise engage in unfair methods of competition or unfair or deceptive acts or practices declared unlawful under the Act. Provides that the provisions of the amendatory Act are severable. Defines terms. Effective immediately.


CURRENT STATUS

5/18/2023 - Passed Both Houses


HB439 HEALTH-TECH (COLLINS L)

House Floor Amendment No. 1 - Creates the Illinois Youth in Care Timely Provision of Essential Care Act. Requires the Department of Children and Family Services to develop a written, strategic plan that comprehensively addresses improving timely access to quality in-state residential treatment, evidence-based alternatives to residential treatment, and specialized foster care for youth in the care of the Department who have significant emotional, behavioral, and medical needs. Provides that the planning process must be transparent and allow for stakeholder input. Requires the strategic plan to be finalized and made public no later than one year after the effective date of the Act. Requires the strategic plan to be revised within 6 months after the rate study required under the Children and Family Services Act is complete and available for review. Requires the Department to incorporate the rate study's recommendations into the strategic plan. Requires the strategic plan to include: (i) benchmarks and a timeline for implementing each provision of the strategic plan; (ii) strategy for obtaining resources needed to implement each provision of the strategic plan; and (iii) ongoing stakeholder engagement during the implementation of the strategic plan.


CURRENT STATUS

5/10/2023 - Passed Both Houses


HB1119 ICJIA-MEMBERS-INCARCERATED (GUZZARDI W)

Amends the Illinois Criminal Justice Information Act. Provides that the membership of the Illinois Criminal Justice Information Authority shall include 3 individuals who report having been incarcerated and 3 members of the general public (instead of 6 members of the general public). Effective immediately.


Senate Floor Amendment No. 1 - Makes changes to the membership of the Illinois Criminal Justice Information Authority.


CURRENT STATUS

5/24/2023 - Passed Both Houses


HB1120 CHARTER SCH-UNION NEUTRALITY (GUZZARDI W)

Amends the Charter Schools Law of the School Code. Provides that any renewal of a certified charter must include a union neutrality clause. Requires a union neutrality clause to be included in a charter school proposal. Defines "union neutrality clause". Effective immediately.


CURRENT STATUS

5/10/2023 - Passed Both Houses


HB1121 OVERDOSE PREVENTION-TESTING (GUZZARDI W)

Amends the Overdose Prevention

and Harm Reduction Act. Provides that a trained overdose responder for an organization enrolled in the Drug Overdose Prevention Program administered by the Department of Human Services, Division of Substance Use Prevention and Recovery may dispense drug adulterant testing supplies to any person. Provides that drug adulterant testing supplies shall be stored so that they are accessible only by trained overdose responders.


House Floor Amendment No. 1 - Provides that any drug adulterant testing supplies to be dispensed (rather than dispensed) must be stored at a licensed pharmacy, hospital, clinic, or other health care facility, or at the medical office of a physician, advanced practice registered nurse, or physician assistant, or at the premises of the organization enrolled in the Drug Overdose Prevention Program.


CURRENT STATUS

5/11/2023 - Passed Both Houses

HB1122 FREELANCE WORKER PROTECTION (GUZZARDI W)

House Committee Amendment No. 2 - Creates the Freelance Worker Protection Act. Provides that, except as otherwise provided by law, a freelance worker shall be paid the contracted compensation amount no later than 30 days after the freelance worker provides the product or completes the services under the contract. Provides that once a freelance worker has commenced preparation of the product or performance of the services under the contract, a contracting entity shall not require as a condition of timely payment that the freelance worker accept less compensation than the amount of the contracted compensation. Requires written contracts for services or products provided by a freelance worker. Sets forth the information such written contracts must include. Provides that a contracting entity must retain its contract with a freelance worker for no less than 2 years and must make the contract available to the Department of Labor upon request. Requires the Department to make model contracts available on its website for use by the general public at no cost. Prohibits a contracting entity from taking any 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. Sets for the procedure for freelance workers to file a complaint alleging a violation of the Act. Provides that complaints shall be reviewed by the Department to determine whether there is cause for the Department to initiate the process of facilitating the exchange of information between the parties. Contains provisions concerning notification and response requirements. Authorizes the Attorney General to initiate or inte

rvene in a civil action if the Attorney General has reasonable cause to believe that any person or entity is engaged in a pattern and practice prohibited under the Act. Contains provisions concerning Attorney General investigations; civil penalties; and other enforcement matters. Provides that, subject to appropriation, the Department may conduct a public awareness campaign regarding the Act that, at a minimum, includes making information available on its website, otherwise informing contracting entities of the provisions of this Act, and establishing a means for assistance by a natural person through phone or email. Requires the Department to submit a report every 5 years to the General Assembly on freelance contracting and payment practices, the number of complaints received by the Department alleging a violation of the Act, and other matters. Requires the Department to publish each report on its website. Grants the Director rulemaking authority. Effective July 1, 2024.


House Floor Amendment No. 3 - Replaces everything after the enacting clause. Reinserts the provisions of the bill as amended by House Amendment No. 2 with the following changes: Provides that except as otherwise provided by law, a freelance worker shall be paid the contracted compensation amount on or before the date the compensation is due under the terms of the contract. Provides that if the contract does not specify when the hiring party must pay the contracted compensation or the mechanism by which the date will be determined, compensation shall be due no later than 30 days after the completion of the freelance worker's services under the contract. In provisions concerning contracts for products and services of freelance workers, removes a provision that requires each party to the written contract to retain a copy for a period of 2 years after the products or services are provided. Provides that the definition of "freelance worker" does not include an individual performing construction services. Defines "construction". Makes other changes. Effective July 1, 2024.


CURRENT STATUS

5/11/2023 - Passed Both Houses


HB1123 SCH CD-SCHOOL REPORT CARD (COSTA HOWARD T)

Amends the School Code. Requires school report cards prepared by the State Superintendent of Education to include the percentage of students with disabilities who have fulfilled the minimum State graduation requirements and have been issued a regular high school diploma and the percentage of students with disabilities who have fulfilled the minimum State graduation requirements but have not completed their individualized education program and are enrolled and receiving individualized education program services.


House Floor Amendment No. 1 - Replaces everything after the enacting clause. Reinserts the contents of the introduced bill with the following changes. Removes provisions requiring the student outcome data on a school report card to include the percentage of students with disabilities who have fulfilled the minimum State graduation requirements but have not completed their individualized education program and are enrolled and receiving individualized education program services. Provides that for any school report card prepared after July 1, 2025, for all high school graduation completion rates that are reported on the school report card, the State Superintendent of Education shall also report the percentage of students who did not meet the requirements of high school graduation completion for any reason and, of those students, the percentage that are classified as students who fulfill the requirements of the participation in graduation provisions of the Children with Disabilities Article of the School Code. Requires the State Superintendent to ensure that for the 2023-2024 school year there is a specific code for districts to report students who fulfill the requirements of those provisions. Provides that these reporting requirements shall be included on the school report card where high school graduation completion rates are reported, along with a brief explanation. Adds an immediate effective date.


CURRENT STATUS

5/10/2023 - Passed Both Houses


HB1286 EQUITABLE RESTROOMS-ALL-GENDER (STUART K)

Amends the Equitable Restrooms Act. Provides that, notwithstanding any other provision of law, any multiple-occupancy restroom may be identified as an all-gender multiple-occupancy restroom and designated for use by any person of any gender. Requires that an all-gender multiple-occupancy restroom must include specified signage, stall dividers, and partitions for urinals. Provides that any multiple-occupancy restroom may be converted into an all-gender multiple-occupancy restroom. Provides that, if a facility commences construction, or commences alterations exceeding 50% of the facility, and implements an all-gender multiple-occupancy restroom, the all-gender multiple-occupancy restroom must satisfy or include specified requirements. Requires certain newly constructed or previously existing restrooms to be designated as all-gender multiple-occupancy restrooms. Provides that when plumbing fixtures in a facility must meet female-to-male ratio requirements, each individual fixture in an all-gender multiple-occupancy restroom may be counted toward the required number of either female or male toilet stalls. Provides that if a fixture is counted toward the minimum required fixtures for females, that same fixture shall not also be counted toward the minimum required fixtures for males, and if a fixture is counted toward the minimum required fixtures for males, that same fixture shall not also be counted toward the minimum required fixtures for females. Provides that during any inspection of a facility by a health officer, health inspector, or building inspector, the health officer, health inspector, or building inspector may inspect the facility to determine whether it complies with the provisions. Requires the Department of Public Health to adopt rules to implement the provisions. Defines "multiple-occupancy restroom". Contains other provisions. Makes other changes. Effective immediately.


Senate Committee Amendment No. 1 - Provides that an all-gender multiple-occupancy restroom must include floor to ceiling stall dividers (rather than stall dividers). Provides that an all-gender multiple-occupancy restroom shall not contain urinals. Provides that if a facility converts any multiple-occupancy restroom into an all-gender multiple-occupancy restroom, the all-gender multiple-occupancy restroom must satisfy specified requirements. Changes the definition of "multiple-occupancy restroom". Removes provisions concerning partitions for urinals.


CURRENT STATUS

5/19/2023 - Passed Both Houses


HB1363 GENDER VIOLENCE-EMPLOYER DUTY (GUZZARDI W)

House Committee Amendment No. 1 - Replaces everything after the enacting clause. Amends the Gender Violence Act. Defines "employee", "employer", and "workplace". Changes the definition of "gender-related violence" to also mean domestic violence. Provides that an employer is only liable for gender-related violence committed in the work environment by an employee or agent of the employer. Provides that liability only extends to gender-related violence that occurs while the employee was directly performing the employee's job duties and the job duties were the proximate cause of the injury, or while agent of the employer was directly involved in the performance of the contracted work and the contracted work was the proximate cause of the injury. Provides that an employer is liable for gender-related violence if the employer: failed to supervise, train, or monitor the employee who engaged in the gender-related violence; or failed to investigate complaints or reports directly provided to a supervisor, manager, owner, or another person designated by the employer of similar conduct by an employee or agent of the employer and the employer failed to take remedial measures in response to the complaints or reports. Requires an action against an employer for gender-related violence to be commenced within 4 years after the cause of action accrued, except that if the person entitled to bring the action was a minor at the time the cause of action accrued, then within 4 years after the person reaches the age of 18. Provides that no person has the power to waive any provision of the Act as part of a dissolution of marriage agreement, civil union, domestic partnership, or custody agreement.


House Floor Amendment No. 2 - Replaces everything after the enacting clause with the provisions of House Amendment No. 1, and makes the following changes: Provides that an employer is only liable for gender-related violence committed in the workplace (rather than work environment) by an employee or agent of the employer when the interaction giving rise to the gender-related violence arises out of and in the course of employment with the employer. Provides that nothing in the Act precludes a person who has been the victim of gender-related violence from pursuing any other right or cause of action created by statute or common law. Removes language providing that no person has the power to waive any of the provisions of the Act as part of a dissolution of marriage agreement, civil union, domestic partnership, or custody agreement. Makes other changes.


Senate Floor Amendment No. 1 - Provides that liability only extends to an employer for gender-related violence that occurs: (i) while the employee was directly performing the employee's job duties and the gender-related violence (rather than the performance of the job duties) was the proximate cause of the injury; or (ii) while the agent of the employer was directly involved in the performance of the contracted work and the gender-related violence (rather than the performance of the contracted work) was the proximate cause of the injury. Provides that employer liability in other provisions are notwithstanding the requirements of items (i) and (ii) and other specified provisions.


CURRENT STATUS

5/19/2023 - Passed Both Houses


HB1612 DFPR-DATA ON DENIED APPS (TARVER, II C)

Senate Committee Amendment No. 1 - Replaces everything after the enacting clause. Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. Provides that in conjunction with applications for licensure, the Department shall request, and applicants may voluntarily provide, demographic information that includes sex, ethnicity, race, and disability. Provides that on or before March 1 of each calendar year, the Department shall publish a report on the Department's website that contains the demographic information it collected the preceding calendar year, the number of applications for licensure and renewal of licensure it received in the preceding calendar year, and the number of applicants who were denied licensure in the preceding calendar year regardless of whether application was made in that calendar year. Effective January 1, 2025.


CURRENT STATUS

5/25/2023 - Passed Both Houses


HB1633 SCH CD-NATIVE AMERICAN HISTORY (WEST, II M)

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.


House Floor Amendment No. 1 - Replaces everything after the enacting clause. Reinserts the contents of the introduced bill with the following changes. In the provisions concerning the State Education Equity Committee, provides that as part of its report, by no later than December 15, 2024, the Committee shall provide recommendations that may assist the State Board of Education in identifying diverse subject matter experts to help inform policy through task forces, committees, and commissions the State Board oversees. Removes the provisions concerning the Native American Curriculum Advisory Council and the Native American Curriculum Task Force. In the provisions concerning instruction on Native American history, requires the instruction to be included in every social studies course pertaining to American history or government. Provides that the study of the genocide of and discrimination against Native Americans, as well as tribal sovereignty, treaties made between tribal nations and the United States, and the circumstances around forced Native American relocation shall be taught in grades 6 through 12. Provides that the instruction may be integrated as part of other required units of instruction. In the provisions concerning the unit of instruction on the Holocaust and genocides and the teaching of the history of the United States, provides that instructional materials that include the addition of content related to Native Americans shall be prepared and made available to all school boards on State Board of Education's website no later than January 1, 2025. Specifies who shall help develop the instructional materials. Makes other changes. Effective immediately.


Senate Floor Amendment No. 1 - Provides that the State Education Equity Committee shall include a member who is either an individual with a disability or a statewide organization representing or advocating on behalf of individuals with disabilities.


CURRENT STATUS

5/17/2023 - Passed Both Houses


HB2068 TRANSPORTATION BENEFIT PROGRAM (MAH T)

Creates the Transportation Benefits Program Act. Requires all covered employers to provide a program that allows a covered employee to elect to exclude from taxable wages and compensation the employee's commuting costs incurred for the purchase of a transit pass to use public transit or for the purchase of qualified parking, up to a maximum level allowed by federal tax law. Provides that all transit agencies shall market the existence of this program and the Act to their riders in order to inform affected employees and their employers. Provides that nothing in the Act shall be deemed to interfere with, impede, or in any way diminish the right of employees to bargain collectively with their employers or affect the validity or change the terms of bona fide collective bargaining agreements in force on the effective date of the Act. Defines terms. Effective January 1, 2024.


House Floor Amendment No. 1 - Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: Provides that the definition of "covered employer" includes an employer that employs 50 or more covered employees (rather than an average of 25 or more full-time employees) in a specified geographic area at an address that is located within one mile of regularly scheduled transit service. Provides that the pre-tax commuter benefit shall allow employees to use pre-tax dollars for the purchase of a transit pass or qualified parking, via payroll deduction, such that the costs for such purchases may be excluded from the employee's taxable wages and compensation up to the maximum amount permitted by federal tax law. Provides that the Regional Transportation Authority shall make publicly available a searchable database of addresses that are located within one mile of regularly scheduled transit service. Removes provisions concerning compensation for qualified parking. Makes other changes. Effective January 1, 2024.


Senate Committee Amendment No. 1 - Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes: In provisions concerning the transportation benefits program, removes a provision that allows employees to use pre-tax dollars for the purchase of qualified parking. Provides that the Regional Transportation Authority shall make publicly available a searchable map (rather than database) of addresses that are located within one mile of fixed-route transit service (rather than regularly scheduled transit service). Effective January 1, 2024.


CURRENT STATUS

5/17/2023 - Passed Both Houses


HB2189 ACCESS TO AFFORD INSULIN ACT (LADISCH DOUGLASS J)

Creates the Access to Affordable Insulin Act. Sets forth provisions concerning an insulin urgent-need program. Provides that each manufacturer shall establish procedures to make insulin available to eligible individuals who are in urgent need of insulin or who are in need of assistance to access an affordable insulin supply. Sets forth provisions concerning insulin urgent-need program exceptions, eligibility, forms, applications, claims and reimbursement, copayments, information sheets, navigators, and penalties. Defines terms. Amends the Illinois Insurance Code. In provisions concerning cost sharing in prescription insulin drugs, provides that an insurer that provides coverage for prescription insulin drugs under the terms of a health coverage plan the insurer offers shall limit the total amount that an insured is required to pay for a 30-day supply of covered prescription insulin drugs at an amount not to exceed $35 (rather than $100). Effective immediately.


House Committee Amendment No. 1 - Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Changes the effective date to January 1, 2025 (instead of effective immediately). Removes the Access to Affordable Insulin Act.


Senate Floor Amendment No. 2 - Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Creates the Access to Affordable Insulin Act. Provides that the Department of Insurance shall offer a discount program that allows participants to purchase insulin at a discounted, post-rebate price. Sets forth provisions concerning the insulin discount program. Defines terms. Provides a July 1, 2025 effective date (rather than January 1, 2025).


CURRENT STATUS

5/19/2023 - Passed Both Houses


HB2214 DHS-STOLEN SNAP BENEFITS-DATA (HARPER S)

Senate Committee Amendment No. 1 - Replaces everything after the enacting clause. Amends the Administration Article of the Illinois Public Aid Code. Requires the Department of Human Services to track and collect data on the scope and frequency of SNAP benefits fraud in Illinois where a SNAP recipient's benefits are stolen from the recipient's electronic benefits transfer card by means of card skimming, card cloning, or some other similar fraudulent method. Requires the Department to specifically keep a record of every report made to the Department by a SNAP recipient alleging the theft of benefits due to no fault of the recipient, the benefit amount stolen, and, if practicable, how those stolen benefits were used and the location of those thefts. Requires the Department to report its findings to the General Assembly on a quarterly basis beginning in calendar year 2024. Provides that a SNAP recipient's personally identifiable information shall be excluded from the reports consistent with State and federal privacy protections; and that each quarterly report shall be posted on the Department's official website. Provides that if the Department determines that a SNAP recipient has made a substantiated report of stolen benefits due to card skimming, card cloning, or some other similar fraudulent method, the Department shall refer the matter to the Attorney General and shall provide any assistance to the Attorney General in the prosecution of the alleged theft or fraud.




HB2297 GENDER-INCLUSIVE DATA REPORTS (OLICKAL K)

Amends the State Employment Records Act. Provides that State agencies when collecting and reporting data on employment records must include specified data on persons who identify as non-binary or gender non-conforming. Effective July 1, 2025.


Senate Committee Amendment No. 1 - Makes technical changes to correct typographical errors in the engrossed bill.


CURRENT STATUS

5/18/2023 - Passed Both Houses


HB2380 HIGHER ED-HUM SERV LOAN REPAY (LAPOINTE L)

Amends the Human Services Professional Loan Repayment Program Act. Provides that a community-based human services agency may contract with, receive funding from, or be grant-funded by a State agency (instead of may contract with or be grant-funded by a State agency). Provides that the Illinois Student Assistance Commission, in awarding grants under the Act, may grant preference to applicants based on need or income levels. Removes the provision limiting the grant to an applicant for a cumulative maximum of 4 years. In provisions regarding the eligibility of an applicant, provides that the applicant shall have been a full-time employee for at least 24 consecutive months as a human services professional and the community-based human services agency shall currently have or have had a contract with, receive funding from, or be grant-funded by a State agency for the purpose of providing human services during the applicant's 24 consecutive month tenure (instead of shall have worked for at least 24 consecutive months as a full-time employee as a human services professional in a community-based human services agency that currently has or did have a contract with a State agency to provide human services during the duration of applicant's 24 consecutive month tenure). Effective July 1, 2023.


CURRENT STATUS

6/2/2023 - Sent to Governor for Signature


HB2443 INS-HEARING AID COVERAGE (CHUNG S)

Amends the Illinois Insurance Code. Provides that an individual or group policy of accident and health insurance or managed care plan that is amended, delivered, issued, or renewed after the effective date of the amendatory Act must provide coverage for medically necessary hearing instruments and related services for all individuals (rather than all individuals under the age of 18) when a hearing care professional prescribes a hearing instrument to augment communication. Makes conforming changes, including repealing provisions concerning optional coverage or optional reimbursement for hearing instruments and related services. Effective January 1, 2025.


Senate Floor Amendment No. 1 - Deletes language repealing provisions concerning optional coverage or optional reimbursement for hearing instruments and related services.



CURRENT STATUS

5/17/2023 - Passed Both Houses

HB2528 HIGHER ED-HUNGER FREE CAMPUS (AMMONS C)

Amends the Board of Higher Education Act. Requires the Board of Higher Education to establish a hunger-free campus grant program. Provides that the hunger-free campus grant program shall provide grants to public institutions of higher education that have one or more campuses designated by the Board as hunger-free campuses. Provides for requirements for being designated a hunger-free campus. Provides that the Board shall determine the amount of each grant that shall be used by the public institution of higher education to further address food insecurity among students enrolled in the public institution of higher education. Provides that the Board shall prioritize grants to public institutions of higher education with campuses that serve primarily minority and low-income students and have a high percentage of Pell Grant recipients. Provides that the Board shall submit a report to the Governor and the General Assembly no later than 2 years after the establishment of the grant program. Provides for rulemaking. Amends the State Finance Act to create the Hunger-Free Campus Grant Fund as a special fund in the State treasury. Effective immediately.


CURRENT STATUS

5/10/2023 - Passed Both Houses

HB2789 LIBRARY SYSTEMS-BOOK BANNING (STAVA-MURRAY A)

Amends the Illinois Library System Act. Provides that it is the policy of the State to encourage the improvement of free public libraries and to encourage cooperation among all types of libraries in promoting the sharing of library resources, including digital resources, and to encourage and protect the freedom of public libraries and library systems to acquire materials without external limitation and to be protected against attempts to ban, remove, or otherwise restrict access to books or other materials. Provides that the State Librarian shall prescribe rules concerning the development of a written policy declaring the inherent authority of the public library or library system to prohibit the practice of banning specific books or resources. Provides that, in order to be eligible for State grants, a public library or library system shall develop a written policy prohibiting the practice of banning books within the public library or library system. Makes other changes.


House Committee Amendment No. 1 - Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: changes references to "public library or library system" to "library or library system"; provides that an alternative to the development of a written statement (rather than policy) prohibiting the practice of banning books is to adopt the American Library Association's Library Bill of Rights that indicates materials should not be proscribed or removed because of partisan or doctrinal disapproval; and provides that the written statement shall declare that an adequate collection (rather than stock) of books and other materials is needed in a sufficient size and varied in kind and subject matter to satisfy the library needs of the people of the State. Makes conforming changes.


CURRENT STATUS

5/22/2023 - Sent to Governor for Signature

HB2831 TASK FORCE ON HOMELESSNESS (LAPOINTE L)

House Floor Amendment No. 1 - Replaces everything after the enacting clause. Amends the Department of Human Services Act. Creates the Office to Prevent and End Homelessness (Office) within the Department of Human Services to facilitate the implementation of a strategic plan and initiatives aimed at decreasing homelessness and unnecessary institutionalization in Illinois, improving health and human services outcomes for people who experience homelessness, and strengthening the safety nets that contribute to housing stability. Provides that the Office shall be led by the State Homelessness Chief Officer who shall report to the Secretary of the Department. Provides that the Chief Officer shall also chair the Interagency Task Force on Homelessness, co-chair the Community Advisory Council on Homelessness, and lead the State's comprehensive efforts related to homelessness prevention. Creates the Interagency Task Force on Homelessness within the Department of Human Services to facilitate and implement initiatives related to decreasing homelessness and unnecessary institutionalization in this State, improving health and human services outcomes for people who experience homelessness, and strengthening the safety nets that contribute to housing stability. Sets forth the Task Force's specific duties. Requires the Task Force to submit annual reports to the Governor and General Assembly regarding the Task Force's work during the year prior, any new recommendations developed by the Task Force, any recommendations made by the Community Advisory Council on Homelessness, and any key outcomes and measures related to homelessness. Contains provisions concerning Task Force membership; Task Force meetings; Task Force subcommittees; administrative support to the Task Force; and other matters. Creates the Community Advisory Council on Homelessness (Advisory Council) within the Department of Human Services to make recommendations to the Interagency Task Force on Homelessness regarding homelessness and unnecessary institutionalization with the goals of achieving functional zero homelessness, improving health and human services outcomes for people experiencing homelessness and strengthening the safety nets that contribute to housing stability. Contains provisions concerning Advisory Council membership; Advisory Council meetings; administrative support to the Advisory Council; and other matters. Effective immediately.


CURRENT STATUS

6/2/2023 - Sent to Governor for Signature


HB2847 INS-MENTAL HEALTH CARE ACCESS (LAPOINTE L)

House Floor Amendment No. 2 - Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Creates the Mental Health and Wellness Act (rather than the Mental Health Equity Access and Prevention Act). In provisions concerning coverage of no-cost mental health prevention and wellness visits, provides that a mental health prevention and wellness visit shall be in addition to an annual physical examination. Provides that the Department of Insurance shall update current procedural terminology codes through adoption of rules if the codes listed in the provisions are altered, amended, changed, deleted, or supplemented. Provides that a mental health prevention and wellness visit may be incorporated into and reimbursed within any type of integrated primary care service delivery method. Provides that the Department shall adopt any rules necessary to implement the provisions by no later than October 31, 2024 (rather than 2023). Removes provisions concerning coverage of out-of-network mental health care, provisions concerning coverage of medically necessary mental health care for individuals not diagnosed with a mental health disorder, and provisions concerning analysis of mental health care coverage on insurance premiums. Makes conforming changes in the State Employees Group Insurance Act of 1971, the Counties Code, the Illinois Municipal Code, and the School Code. Makes other changes. Effective immediately.


House Floor Amendment No. 3 - In provisions concerning coverage of no-cost mental health prevention and wellness visits, provides that a group or individual policy of accident and health insurance or managed care plan that is amended, delivered, issued, or renewed on or after January 1, 2025 shall provide coverage for one annual mental health prevention and wellness visit (rather than 2 annual mental health prevention and wellness visits) for children and for adults. Makes a grammatical correction.


CURRENT STATUS

5/18/2023 - Passed Both Houses


HB2858 ADULT PROTECTIVE SERVICES (STUART K)

Amends the Adult Protective Services Act. Excludes from the definition of "mandated reporter" the State Long Term Care Ombudsman and the Ombudsman's representatives or volunteers when such persons are prohibited from making a report under a federal regulation.


Senate Committee Amendment No. 1 - Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes: Amends the Illinois Act on the Aging. In provisions concerning the Long Term Care Ombudsman Program, expands the definition of "access" to mean the right to inspect and copy (rather than inspect) the clinical and other records of a participant or resident, regardless of age, with the express written consent of the participant or resident. In provisions concerning access and visitation rights, provides that a long term care facility, supportive living facility, assisted living establishment, and shared housing establishment must permit representatives of the Office of State Long Term Care Ombudsman, with the permission of the resident or other specified persons, to examine and copy the resident's clinical and other records.


Senate Floor Amendment No. 3 - Replaces everything after the enacting clause. Reinserts the provisions of Senate Amendment No. 1 with the following changes: Provides that any person may report information about the suspicious death of an eligible adult to an agency designated to receive such reports or to the Department on Aging. Provides that if a mandated reporter has reason to believe that the death of an eligible adult is the result of abuse or neglect, the matter shall be reported to the agency designated to receive such reports or to the Department for subsequent referral to the appropriate law enforcement agency and coroner or medical examiner. Prohibits employers from discriminating against any employee who makes a good faith oral or written report concerning information about the suspicious death of an eligible adult. Contains provisions concerning the required testimony of a mandated reporter at an administrative hearing concerning the suspicious death of an eligible adult; the referral of evidence to the appropriate law enforcement agency; access to records concerning reports of suspicious deaths due to abuse, neglect, or financial exploitation; and other matters. Makes changes to the definitions of "abuse", "abuser", and "mandated reporter". Defines "insurance advisor".


CURRENT STATUS

5/25/2023 - Passed Both Houses


HB3055 PRISONER RELIGIOUS RIGHTS (MAH T)

Creates the Faith Behind Bars Act. Provides that a person committed to a correctional institution or facility has a constitutional right to practice his or her faith in the correctional institution or facility absent harm and without undue burden to the State's correctional system. Provides that a committed person belonging to a faith group in a correctional institution or facility shall have access to pastoral and spiritual care absent harm and without undue burden to the State's correctional system. Provides that a correctional institution or facility shall provide reading materials for diverse faith groups, including, but not limited to, spiritual, religious texts, prayer manuals, prayer mats, and other requested material from committed persons. Provides that all correctional institutions and facilities in the State shall provide committed persons the ability to pray by facilitating time and clean location, fast by allowing a committed person to abstain from food when appropriate, and respect for dietary restrictions absent harm and without undue burden to the State's correctional system. Amends the Unified Code of Corrections to make a conforming change.


House Floor Amendment No. 1 - Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill. In the Faith Behind Bars Act, changes definitions of "chaplaincy services" and "undue burden". Provides that a committed person has a right (rather than a constitutional right) to practice his or her faith group in a correctional institution or facility absent or without undue burden to the State's correctional system. Provides that absent harm or undue burden a correctional institution or facility shall provide reading materials for diverse faith groups. Provides in determining whether an action would result in an undue burden, warden or chief administrative officer of the correctional institution or facility shall consider security requirements that are necessary.


CURRENT STATUS

5/19/2023 - Passed Both Houses


HB3116 SCH CD-STAFF TRAINING-HOMELESS (STUART K)

Amends the School Code. Provides that at least once every 2 years, a school board shall conduct in-service training on homelessness for all school personnel. Sets forth what the training must include. Provides that a school board may work with a community-based organization that specializes in working with homeless children and youth to develop and provide the training.


House Floor Amendment No. 1 - Replaces everything after the enacting clause. Reinserts the introduced bill and adds an August 20, 2024 effective date.


CURRENT STATUS

6/2/2023 - Sent to Governor for Signature


HB3129 EQUAL PAY ACT-PAY SCALE (CANTY M)

Amends the Equal Pay Act of 2003. Provides that it is unlawful for an employer with 15 or more employees to fail to include the pay scale for a position in any job posting. Provides that if an employer with 15 or more employees engages a third party to announce, post, publish, or otherwise make known a job posting, the employer shall provide the pay scale to the third party and the third party shall include the pay scale in the job posting. Defines "pay scale". Makes conforming changes to provisions concerning violations of the Act and fines and penalties. Effective immediately.


House Floor Amendment No. 1 - Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: Further amends the Equal Pay Act of 2003. Provides that an employer shall be liable for a third party's failure to include the pay scale and benefits in a job posting. Provides that an employer shall announce, post, or otherwise make known all opportunities for promotion to all current employees no later than the same calendar day that the employer makes an external job posting for the position. Provides that an employer shall make and preserve records that document the pay scale and benefits for a position. Provides that the Department of Labor may initiate investigations of alleged violations of provisions concerning disclosing a pay scale in job postings. Provides that, if the Department determines that a violation occurred, the employer shall have 7 days upon receipt of notice of a violation from the Department to remedy the violation. Provides that the employer shall demonstrate to the Department that the violation has been remedied or the employer shall be subject to a civil penalty of $100 per day for each day that a violation continues after the 7-day notice period. Effective January 1, 2024 (rather than effective immediately).


Senate Committee Amendment No. 1 - Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes: Further amends the Equal Pay Act of 2003. Provides that provisions requiring the posting of pay scale and benefits only applies to positions that will be physically performed, at least in part, in Illinois, or positions that will be physically performed outside of Illinois, but the employee reports to a supervisor, office, or other work site in Illinois. Provides that nothing prohibits an employer or employment agency from asking an applicant about his or her wage or salary expectations for the position the applicant is applying for. Provides that an employer or employment agency shall disclose to an applicant for employment the pay scale and benefits to be offered for the position prior to any offer or discussion of compensation and at the applicant's request, if a public or internal posting for the job, promotion, transfer, or other employment opportunity has not been made available to the applicant. Provides that an employer shall make and preserve records that document the pay scale and benefits for a position. Provides that the Department of Labor may initiate investigations of alleged violations of provisions concerning disclosing a pay scale in job postings. Provides that the Department may investigate and levy civil penalties against employers that violate provisions concerning the posting of pay scale and benefits. Defines "pay scale and benefits". Effective January 1, 2025 (rather than effective January 1, 2024).


Senate Floor Amendment No. 2 - Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes: Provides that if an employer engages a third party to announce, post, publish, or otherwise make known a job posting, the employer shall provide the pay scale and benefits, or a hyperlink to the pay scale and benefits, to the third party and the third party shall include the pay scale and benefits, or a hyperlink to the pay scale and benefits, in the job posting. Provides that the Department of Labor, during its investigation of a complaint, shall make a determination as to whether a job posting is not active by considering the totality of the circumstances, including, but not limited to: (i) whether a position has been filled; (ii) the length of time a posting has been accessible to the public; (iii) the existence of a date range for which a given position is active; and (iv) whether the violating posting is for a position for which the employer is no longer accepting applications. Makes other changes. Effective January 1, 2025.


CURRENT STATUS

5/17/2023 - Passed Both Houses

HB3224 SCH CD-SPECIAL ED-TRANSITION (NESS S)

Amends the Children with Disabilities Article of the School Code. Provides that, as part of transition planning, a school district shall provide a student and the parent or guardian of the student (instead of just the student) with information about the district's career and technical education opportunities. Provides that a student and the parent or guardian of the student shall be provided with information about dual credit courses offered by the school district. Provides that if the student is enrolled in a dual credit course for dual credit or for high school credit only, the student's participation in the course shall be included as part of the student's transition Individualized Education Program activities. Effective immediately.


CURRENT STATUS

5/11/2023 - Passed Both Houses

HB3230 BEHAVIORAL HEALTH CRISIS CARE (LAPOINTE L)

Creates the Strengthening and Transforming Behavioral Health Crisis Care in Illinois Act. Requires the Department of Human Services, Division of Mental Health, to use an independent third-party expert to conduct a cost analysis and determine actuarially sound costs associated with developing and maintaining a statewide initiative for the coordination and delivery of the continuum of behavioral health crisis response services in the State, including crisis call centers, mobile crisis response team services, crisis receiving and stabilization centers, and other acute behavioral health services. Contains provisions concerning recommendations on multiple sources of funding that could potentially be utilized to support a sustainable and comprehensive continuum of behavioral health crisis response services; a behavioral health crisis workforce; an action plan; a stakeholder working group to develop recommendations to coordinate programming and strategies to support a cohesive behavioral health crisis response system; and other matters. Effective immediately.


House Floor Amendment No. 1 - Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill but with the following changes: Makes subject to appropriation the requirement that the Department of Human Services use an independent third-party expert to conduct a cost analysis on developing and maintaining a statewide initiative for the coordination and delivery of the continuum of behavioral health crisis response services in the State. Provides that the cost analysis shall include costs that are or can be reasonably attributed to: (i) staffing and technological infrastructure enhancements necessary to achieve operational and clinical standards and best practices set forth by the 9-8-8 Suicide and Crisis Lifeline (rather than costs that are or can be reasonably attributed to ensuring the efficient and effective routing of calls made to the 9-8-8 suicide prevention and behavioral health crisis hotline to the designated hotline center and community behavioral health centers); (ii) the need to develop staffing that is consistent with federal guidelines for (rather than staffing that is adequate for expedient) mobile crisis response times, based on call volume and the geography served; and (iii) the provision of call, text, and chat response; mobile crisis response; and follow-up and crisis stabilization services that are in response to the 9-8-8 Suicide and Crisis Lifeline. Removes all references to "Program 590" with "the Division of Mental Health's Crisis Care Continuum Program". Makes other technical changes. Effective immediately.


Senate Committee Amendment No. 1 - Requires the Department of Human Services' Division of Mental Health to determine the sound costs (rather than the actuarially sound costs) associated with developing and maintaining a statewide initiative for the coordination and delivery of the continuum of behavioral health crisis response services in the State. Expands membership on the stakeholder working group to include labor unions that represent workers in the behavioral health workforce.


CURRENT STATUS

5/19/2023 - Passed Both Houses


HB3345 PRISONER ID RELEASE (NICHOLS C)

Senate Committee Amendment No. 1 - Replaces everything after the enacting clause. Amends the Illinois Identification Card Act. Provides that the Secretary of State shall issue a standard Illinois Identification Card to a person committed to the Department of Corrections or Department of Juvenile Justice upon receipt of the person's birth certificate, social security card, photograph, proof of residency upon discharge, and an identification card application transferred via a secure method as agreed upon by the Secretary of State and the Department of Corrections or Department of Juvenile Justice (rather than upon release on parole, mandatory supervised release, aftercare release, final discharge, or pardon from the Department of Corrections or Department of Juvenile Justice, if the released person presents a certified copy of his or her birth certificate, social security card or other documents authorized by the Secretary, and 2 documents proving his or her Illinois residence address). Provides that Illinois residency shall be established by submission of a Secretary of State prescribed Identification Card verification form completed by the respective Department. Amends the Unified Code of Corrections. Provides that no later than 45 days after a committed person is received by the Department, the Department shall begin the process of obtaining a certified copy of the person's birth certificate and a duplicate social security card if the person does not have access to those items. Provides that, 60 days before the scheduled discharge of a person committed to the custody of the Department of Corrections or upon receipt of the person's certified birth certificate and social security card as set forth in the Act, whichever occurs later, the Department shall transmit an application for an Identification Card to the Secretary of State, in accordance with the Illinois Identification Card Act.


CURRENT STATUS

5/19/2023 - Passed Both Houses

HB3413 DNR-REMAINS-NATIVE AMERICANS (WALKER M)

House Committee Amendment No. 1 - Replaces everything after the enacting clause. Amends the Human Skeletal Remains Protection Act. Changes the name of the Act to the Human Remains Protection Act. Provides that any person who discovers remains subject to the Act shall promptly notify the coroner within 48 hours. Provides that nothing in the Act shall supersede applicable federal law, including the Native American Grave Protection and Repatriation Act of 1990 and the National Historic Preservation Act of 1966. Creates the Native American Review Group appointed by the Director of Natural Resources which shall consist of at least one tribal representative from each one of the over 30 Nations that have been identified as having historical presence in Illinois. Provides that these representatives shall be a tribal chairperson, tribal historic preservation officer, or designated official for the respective tribe. Provides that the Native American Review Group shall be notified immediately and all activity on the property shall immediately cease if: (1) remains are found; (2) any property with religious and cultural significance will be disturbed; and (3) any property with religious and cultural significance is accidentally disturbed. Provides that this group shall convene and review any request made to the Department of Natural Resources for a land permit. Provides that the Department of Natural Resources shall issue a land permit only after the Native American Review Group has reviewed the proposal and approved the request or provided revisions to the request. Provides that the Director of Natural Resources, in cooperation with the Illinois State Museum, and in consultation with the federally recognized tribes with geographical and cultural affiliation with Illinois, 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 Illinois State Archaeologist and the Illinois State Museum to coordinate reinterment in the cemetery. Provides that in partnership with the Illinois State Museum, the Department of Natural Resources shall cooperate closely with the Director of Tribal Relations and the Native American Graves Protection and Repatriation Act officer to monitor sites and persons across this State that are receiving federal funds to ensure compliance with the requirements of the Native American Graves Protection and Repatriation Act of 1990. Provides that the Department of Natural Resources shall provide access to the offenders registry created by the Department and the Native American Graves Protection and Repatriation Act officer shall maintain accuracy and tracking of penalties. Provides that the Director of Tribal Relations shall serve as the intermediary between the Department of Natural Resources, the Illinois State Museum, and tribal nations to ensure the directives of tribal nations are being followed and that tribal nations are informed of actions taken by the State of Illinois. Provides that the moneys in the Tribal Repatriation Fund shall be used for tribal repatriation or interment Amends the State Finance Act and the Archaeological and Paleontological Resources Protection Act to make conforming changes.


House Floor Amendment No. 2 - Further amends the Human Skeletal Remains Protection Act. Repeals the South Suburban Airport provisions of the Act. Provides that if the State Burial Coordinator determines that infrastructure repair, renovation, or improvements will disturb an unregistered grave, human remains, or a grave marker, then the State Burial Coordinator shall determine whether the grave, remains, or grave marker are Native American. Provides that when a land permit request is received, the Department of Natural Resources shall immediately contact the Director of Tribal Relations at the Illinois State Museum who shall immediately engage the Native American Review Group who shall approve or deny the request. Provides that if the human remains are not Native American or their ethnic identity cannot be ascertained, as determined by the State Burial Law Coordinator, the human remains shall be dealt with in accordance with provisions established by the appropriate authority. Deletes references to federal law. Makes other changes.


House Floor Amendment No. 3 - Provides that the Tribal Repatriation Fund is created as a special fund in the State treasury. Provides that moneys in the Fund shall be used, subject to appropriation, for tribal repatriation and reinterment.


CURRENT STATUS

5/19/2023 - Passed Both Houses


HB3643 SCH CD-IEP-VOTER REGISTRATION (RASHID A)

Senate Committee Amendment No. 3 - Replaces everything after the enacting clause. Amends the School Code. Provides that, subject to appropriation and additional requirements, each school board shall provide religious dietary food options as part of the school lunch program. Provides further requirements concerning the provision of religious dietary food in public schools. Amends the University of Illinois Hospital Act and the Facilities Article of the Unified Code of Corrections. Makes substantially similar changes as to religious dietary food options. Amends the Halal Food Act. Defines "State-owned or State-operated facility". Provides that any halal food product offered by a State-owned or State-operated facility shall be certified as halal by a State-approved organization or purchased from a State-approved halal-certified vendor. Provides that any person, organization, or vendor falsely representing a food product it provides as halal or falsely representing itself as a halal-certified vendor shall be subject to penalties under the Act. Provides that the amendatory provisions shall not infringe upon or affect any obligation in a contract entered into and in effect on or before the amendatory Act's effective date. Amends the Kosher Food Act. Makes substantially similar changes as to kosher food options at State facilities. Defines "kosher". Provides that a violation of the provisions concerning State facility kosher food services is a Class C misdemeanor for a first offense and a Class A misdemeanor for the second and each subsequent offense. Effective June 1, 2024.


CURRENT STATUS

5/27/2023 - Passed Both Houses

HB3680 SCH CD-IEP EMERGENCY (BENTON H)

Amends the Children with Disabilities Article of the School Code. Provides that in the development of the individualized education program for a student, if the student needs extra accommodation during emergencies, including natural disasters or an active shooter situation, then that accommodation shall be taken into account when developing a student's IEP plan.


House Floor Amendment No. 1 - Amends the School Safety Drill Act. Provides that, when deciding whether to exempt a student from participating in a walk-through lockdown drill, the administrator and school support personnel shall include the student's individualized education program team or federal Section 504 plan team in the decision to exempt the student from participating.


House Floor Amendment No. 2 - Provides that extra accommodation during emergencies shall be taken into account when developing a student's individualized education program or federal Section 504 plan (instead of a student's IEP plan).


CURRENT STATUS

5/11/2023 - Passed Both Houses

HB3690 SCH CD-EMPLOYEE TRAINING (MUSSMAN M)

Amends the School Boards Article of the School Code. In provisions concerning in-service training, provides that the training program shall cover professional educator licensees, educational support personnel, and non-licensed school personnel (instead of teachers) Provides that professional educator licensees, educational support personnel, and non-licensed school personnel who work with pupils must be trained in the following topics at least once every 5 years: prevalent health conditions of students, social-emotional learning practices and standards, developing cultural competency, identifying warning signs of mental illness, trauma, and suicidal behavior in youth, domestic and sexual violence and the needs of expectant and parenting youth, working with exceptional students, educator ethics, and child sexual abuse and grooming behavior. Sets forth requirements regarding the contents of the training, and resources available. Amends the Educator Licensure Article of the School Code. Provides that beginning July 1, 2024, all educators shall be required to complete the previously specified training at least once each 5-year renewal cycle. Amends various other Article of the School Code, the Critical Health Problems and Comprehensive Health Education Act, the Care of Students with Diabetes Act, and the Seizure Smart School Act to make conforming changes. Makes other changes.


House Floor Amendment No. 2 - Provides that the teachers institutes may include instruction on working with exceptional students (instead of the federal Americans with Disabilities Act) as it pertains to the school environment.


Senate Floor Amendment No. 1 - Replaces everything after the enacting clause. In provisions concerning in-service training, provides that the training program shall cover teachers, administrators, and school support personnel (instead of teachers). Provides that teachers, administrators, and school support personnel must be trained in the following topics: health conditions of students; social-emotional learning; developing cultural competency; identifying warning signs of mental illness and suicidal behavior in youth; domestic and sexual violence and the needs of expectant and parenting youth; protections and accommodations for students; educator ethics; responding to child sexual abuse and grooming behavior; and effective instruction in violence prevention and conflict resolution. Sets forth further requirements for the training and exemptions. Removes other specified training in the training program. Amends various other Articles of the School Code, the Critical Health Problems and Comprehensive Health Education Act, the Care of Students with Diabetes Act, and the Seizure Smart School Act to make conforming changes. In provisions concerning the administering of opioid antagonists, removes provisions concerning annual training and requiring proof of cardiopulmonary resuscitation and automated external defibrillator certification to administer opioid antagonists. Makes other changes.


Senate Floor Amendment No. 2 - Provides that the teachers institutes may (instead of shall) include training committed to health conditions of students, social-emotional learning, developing cultural competency, identifying warning signs of mental illness and suicidal behavior in youth, domestic and sexual violence and the needs of expectant and parenting youth, protections and accommodations for students, educator ethics, responding to child sexual abuse and grooming behavior, and effective instruction in violence prevention and conflict resolution.


CURRENT STATUS

5/19/2023 - Passed Both Houses

HB3698 DHS-MENTAL HLTH-FAMILY CENTERS (LILLY C)

House Floor Amendment No. 1 - Replaces everything after the enacting clause. Amends the Mental Health and Developmental Disabilities Administrative Act. Requires the Department of Human Services to create the Cultural Empowerment Program to make grants-in-aid to one or more community providers to provide outreach, engagement, training, and support to faith-based organizations serving communities that are underserved by mental and behavioral health resources. Requires the Department to provide a list of ZIP codes identifying the targeted communities. Provides that grantees under the program shall utilize all available resources to provide initial relationship building within community areas by delivering training to faith-based leadership and providing connection through personal stories from persons with lived expertise to the leadership of faith communities or their congregations. Requires grantees to: (i) provide information about the Certified Recovery Support Specialist (CRSS) credential to interested individuals; (ii) build relationships with local community mental health centers (CMHCs) and other behavioral health providers to help facilitate linkage to mental health services for people in targeted communities; (iii) ensure that consumers in the program experience a warm handoff between the grantee and the CMHC or other service provider; (iv) assist consumers in navigating or bypassing wait lists and other barriers to accessing care; (v) use their relationships with CMHCs and service providers to support expansion of services when needed and where possible; (vi) utilize their expertise to build relationships with faith-based communities in the targeted communities and ensure that those organizations are aware of the behavioral health resources available; and other matters. Provides that the Department shall prioritize organizations that are existing trusted messengers within targeted communities in awarding funding under the program. Provides that the program shall begin operations no later than July 1, 2024.


CURRENT STATUS

5/17/2023 - Passed Both Houses

HB3957 GENERIC DRUG PRICING FAIRNESS (SYED N)

Creates the Illinois Generic Drug Pricing Fairness Act. Provides that a manufacturer or wholesale drug distributor shall not engage in price gouging in the sale of an essential off-patent or generic drug. Provides that the Director of Healthcare and Family Services or Director of Central Management Services may notify the Attorney General of any increase in the price of any essential off-patent or generic drug under the Medical Assistance Program under the Illinois Public Aid Code or a State health plan, respectively, that amounts to price gouging. Provides that whenever the Attorney General has reason to believe that a manufacturer or wholesale drug distributor of an essential off-patent or generic drug has violated the Act, the Attorney General shall send a notice to the manufacturer or wholesale drug distributor requesting a specified statement. Provides that within 45 days after receipt of the request, the manufacturer or wholesale drug distributor shall submit the statement to the Attorney General. Provides that to accomplish the objectives and carry out the duties prescribed in the Act, the Attorney General may issue subpoenas or examine under oath any person to determine whether a manufacturer or wholesale drug distributor has violated the Act. Provides that upon petition of the Attorney General, a circuit court may issue specified orders against violations of the Act. Contains provisions concerning the disclosure of financial information provided by a manufacturer or wholesale drug distributor to the Attorney General. Effective January 1, 2024.


House Floor Amendment No. 1 - Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Sets forth legislative findings. Provides that the Director of Healthcare and Family Services or Director of Central Management Services shall (rather than may) notify the Attorney General of any increase in the price of any essential off-patent or generic drug under the Medical Assistance Program under the Illinois Public Aid Code or a State health plan, respectively, that amounts to price gouging. Provides that a notice sent by the Attorney General to the manufacturer or wholesale drug distributor of an essential off-patent or generic drug shall serve as a litigation hold regarding documents and communications about that drug. Provides that upon petition of the Attorney General, a circuit court may issue an order imposing a civil penalty of up to $10,000 per day (rather than only $10,000) for each violation of the Act or providing for the Attorney General's recovery of costs and disbursements incurred in bringing an action against a manufacturer found to be in violation of the Act. Makes other changes. Effective January 1, 2024.


House Floor Amendment No. 2 - Makes a change in the definition of "price gouging".


Senate Committee Amendment No. 1 - Provides that if the Attorney General has reason to believe that a manufacturer or wholesale drug distributor of an essential off-patent or generic drug has violated the provisions, then the Attorney General may (rather than shall) send a notice to the manufacturer or the wholesale drug distributor requesting a statement. Removes language providing that the Director of Central Management Services shall notify the Attorney General of any increase in the price of any essential off-patent or generic drug under the State health plan that amounts to price gouging.


CURRENT STATUS

5/19/2023 - Passed Both Houses


SB90 EDUCATION-HARASSMENT (MURPHY L)

Senate Committee Amendment No. 2 - Replaces everything after the enacting clause. Amends the School Code. Provides that each school district, charter school, or nonpublic, nonsectarian elementary or secondary school must create, implement, and maintain a policy on discrimination and harassment based on race, color, or national origin and retaliation. Sets forth requirements for the policy. Provides that each school district, charter school, or nonpublic, nonsectarian elementary or secondary school must establish procedures for responding to student complaints of discrimination and harassment based on race, color, or national origin and retaliation. Sets forth provisions concerning these procedures. Provides that the State Board of Education shall establish data collection systems to report on allegations of discrimination, harassment, and retaliation against students. In provisions concerning charter schools, makes conforming changes and provides that charter schools and are not exempt from the Illinois Human Rights Act. Amends the Illinois Human Rights Act. Makes changes concerning the public policy of this State regarding discrimination, sexual harassment, and unfounded charges. Makes changes concerning jurisdiction and additional civil rights violations. Adds provisions concerning harassment in elementary, secondary, or higher education and discrimination and harassment based on race, color, or national origin at institutions of elementary or secondary education. Amends the Freedom of Information Act to make a conforming change. Makes other changes. Effective August 1, 2024.


Senate Floor Amendment No. 3 - Replaces everything after the enacting clause. Amends the School Code. Reinserts the contents of Senate Amendment No. 2 with the following changes. Makes changes concerning the data collection requirements required by the amendatory provisions of the School Code. Makes changes to certain references to specify that the violations to be reported are violations of discrimination, harassment, or retaliation. Provides that the State Board of Education may (instead of shall) adopt any rules deemed necessary. In provisions concerning the policy on discrimination in the School Code, makes changes concerning what the written policy shall contain. Changes references to "discrimination, harassment, and retaliation based on race, color, or national origin" to "discrimination and harassment based on race, color, or national origin, and retaliation". Removes references specifying that only students may report discrimination and harassment based on race, color, or national origin, and retaliation. Makes changes concerning the procedures for responding to a complaint of discrimination and harassment based on race, color, or national origin, and retaliation. In provisions amending the Illinois Human Rights Act, removes specified changes concerning the public policy of the State regarding discrimination and sexual harassment. Makes changes concerning a failure to report harassment. Sets out exemptions for the harassment provisions. Makes changes concerning the model training program the Department of Human Rights shall produce. Corrects typographical errors. Makes other changes. Effective August 1, 2024.


House Committee Amendment No. 2 - Removes specific references to students in the provisions concerning the Chicago School District. Makes grammatical changes.


CURRENT STATUS

5/24/2023 - Passed Both Houses


SB188 MED RECORDS-CONSENT (MCCLURE S)

Amends the Consent by Minors to Health Care Services Act. Allows a parent who consents to the performance upon his or her child of a health care service to request to inspect and copy the child's records or any part thereof so long as it is related to the health care service the parent consented to. Amends the Mental Health and Developmental Disabilities Confidentiality Act. Allows the personal representative under HIPAA of a recipient to request to inspect and copy a recipient's record or any part thereof, regardless of the age of the recipient.


Senate Committee Amendment No. 1 - Provides that a parent who consents to the performance upon his or her child of a health care service under this Section shall be entitled, upon request, to inspect and copy the child's records or any part thereof related to a health care service for which the parent is treated as the child's personal representative (rather than related to the health care service the parent consented to).


House Floor Amendment No. 2 - In the Consent by Minors to Health Care Services Act, provides that a parent who consents to the performance upon the parent's child of a health care service shall be entitled, upon request, to inspect and copy the part of that child's records (rather than to inspect and copy the child's records or any part thereof) related to the specific health care service for which the parent is treated as the child's personal representative under HIPAA. Provides that each appointment, referral, test, treatment, procedure, or other medical intervention is a separate and distinct health care service for the purpose of determining whether a parent is treated as the child's personal representative under HIPAA with respect to that health care service.


CURRENT STATUS

5/19/2023 - Passed Both Houses

SB646 HEALTH-TECH (PACIONE-ZAYAS C)

Senate Floor Amendment No. 1 - Replaces everything after the enacting clause. Creates the Task Force for a Healing-Centered Illinois Act. Creates the Healing-Centered Illinois Task Force to advance the State's efforts to become trauma-informed and healing-centered through improved alignment of existing efforts, common definitions and metrics, and strategic planning for long-term transformation. Sets forth the Task Force's objectives, including, but not limited to: (i) recommending shared language and common definitions for the State to become trauma-informed and healing-centered across sectors by aligning language and definitions included in the work of the Whole Child Task Force, the Children's Mental Health Transformation Initiative, and the Illinois Children's Mental Health Plan; (ii) ensuring the meaningful inclusion in Task Force matters of young people, parents, survivors of trauma, and residents who have engaged with Illinois systems or policies, such as child welfare and the legal criminal system; (iii) identifying the current training capacity and the training needs to support healing-centered and trauma-informed environments among organizations, professional cohorts, educational institutions, and future practitioners and project how best to meet those needs; and (iv) identifying what, if any, administrative or legislative policy changes are needed to advance goals to make Illinois a healing-centered or trauma-informed State. Contains provisions on Task Force membership; Task Force meetings; and reporting requirements. Provides that the Task Force is dissolved, and the Act is repealed, one year after the date of the Task Force's report.


House Floor Amendment No. 1 - Removes a provision that provides that task force members designated by the Lieutenant Governor at the time of appointment as community or system-impacted people may receive stipends as compensation for their time.


CURRENT STATUS

5/25/2023 - Passed Both Houses


SB724 CHILDREN BEHAVIORAL HEALTH SVC (FEIGENHOLTZ S)

House Floor Amendment No. 4 - Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes: In the Interagency Children's Behavioral Health Services Act, removes a provision requiring the behavioral health interagency agreement to require the contracting State agencies to identify children with significant and complex behavioral health needs who meet certain criteria. Instead provides that the interagency agreement shall set criteria to identify children whose cases will be presented to the Interagency Children's Behavioral Health Services Team for prioritized review. Lists certain criteria that shall be included in the interagency agreement. Provides that all information collected, shared, or stored pursuant to the Act shall be handled in accordance with all State and federal privacy laws and accompanying regulations and rules, including without limitation the federal Health Insurance Portability and Accountability Act of 1996 and the Mental Health and Developmental Disabilities Confidentiality Act. Provides that nothing in the Act shall be construed or applied in a manner that would conflict with, diminish, or infringe upon, any State agency's obligation to comply fully with requirements imposed under a court order or State or federal consent decree applicable to that agency. Further amends the Children and Family Services Act. In a provision requiring the Department of Children and Family Services to adopt rules to establish a process for all licensed residential providers in Illinois to submit data, if they contract or receive reimbursement for children's mental health, substance use, and developmental disability services, provides that all information collected, shared, or stored pursuant to that provision shall be handled in accordance with all State and federal privacy laws and accompanying regulations and rules, including without limitation the federal Health Insurance Portability and Accountability Act of 1996 and the Mental Health and Developmental Disabilities Confidentiality Act. In a provision requiring the Department of Human Services to develop a Youth and Community Services Program, provides that the program is to ensure that youth who come into contact or may come into contact with either the child welfare system or the juvenile justice system (rather than who come into contact or may come into contact with the child welfare and the juvenile justice systems) have access to needed community, prevention, diversion, emergency and independent living services. In provisions listing the Department's duties under the program, removes the duty to develop a statewide adoption awareness campaign aimed at pregnant teenagers. Adds the duty to establish temporary emergency placements for youth in crisis as defined by the Children's Behavioral Health Transformation Team (rather than the Department) through comprehensive community-based youth services provider grants. Sets forth certain requirements that such temporary emergency placements must meet. Provides that, once sufficient capacity has been developed, temporary emergency placements must also include temporary emergency placement shelters provided under the Comprehensive Community-Based Youth Services program, shall be managed by Comprehensive Community-Based Youth Services provider organizations, and shall be available to house youth receiving interim 24/7 crisis intervention services. Provides that nothing in the amendatory Act shall be construed or applied in a manner that would conflict with, diminish, or infringe upon, any State agency's obligation to comply fully with requirements imposed under a court order or State or federal consent decree applicable to that agency. Further amends the Juvenile Court Act of 1987. Provides that no minor shall be sheltered in a temporary living arrangement for more than 21 business days (rather than 21 days). Provides that if at any time during the crisis intervention there is a concern that the minor has experienced abuse or neglect, the Comprehensive Community Based-Youth Services provider shall contact the Department of Children and Family Services as provided in the Abused and Neglected Child Reporting Act. Amends the Mental Health and Developmental Disabilities Administrative Act. Requires the Department of Human Services to establish and maintain a public-facing Care Portal to serve as a centralized resource for families with children who have significant and complex behavioral health needs. Effective immediately.


House Floor Amendment No. 5 - Further amends the Children and Family Services Act. Provides that temporary emergency placements for youth in crisis must be licensed through the Department of Children and Family Services or, in the case of a foster home or host home (rather than in the case of a foster home), by the supervising child welfare agency.


CURRENT STATUS

5/19/2023 - Passed Both Houses


SB1344 COVERAGE-ABORT/HORMONE/HIV (VILLANUEVA C)

Senate Floor Amendment No. 2 - Replaces everything after the enacting clause. 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. Provides that this coverage shall include drugs approved by the United States Food and Drug Administration that are prescribed or ordered for off-label use as abortifacients. Amends the Nurse Practice Act and the Physician Assistant Practice Act of 1987. In a provisions concerning temporary permits for specified health care professionals, provides that if the Department of Financial and Professional Regulation becomes aware of a violation occurring at a facility licensed by the Department of Public Health (rather than a licensed hospital, medical office, clinic, or other medical facility, or via telehealth service) the Department of Financial and Professional Regulation shall notify the Department of Public Health. Amends the Pharmacy Practice Act. Provides that in accordance with a standing order by the Department of Public Health, a pharmacist may provide patients with prophylaxis drugs for human immunodeficiency virus pre-exposure prophylaxis or post-exposure prophylaxis. Amends the Abortion Care Clinical Training Program Act and the Freedom of Information Act. Provides that all program performance reports received by the Department of Public Health concerning the Abortion Care Clinical Training Program shall be treated as confidential and exempt from the Freedom of Information Act. Effective immediately.


CURRENT STATUS

5/11/2023 - Passed Both Houses

SB1446 SCH CD-DRESS CODE POLICY (HILTON S)

Senate Floor Amendment No. 3 - Replaces everything after the enacting clause. Provides that, by no later than July 1, 2024, the State Board of Education shall make available to schools resource materials developed in consultation with stakeholders regarding a student wearing or accessorizing the student's graduation attire with general items that may be used by the student to associate with, identify, or declare their cultural, ethnic, or religious identity or any other protected characteristic or category identified in the Illinois Human Rights Act. (instead of resource materials 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 or local school council shall not prohibit the right of a student to wear or accessorize the student's graduation attire with items associated with the student's cultural, ethnic, or religious identity or any other protected characteristic or category identified in the Illinois Human Rights Act (instead of 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). Removes provisions providing that an school board or local school council 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. Effective immediately.


CURRENT STATUS

5/18/2023 - Passed Both Houses

SB1463 MINORS-NO FEES OR FINES (PETERS R)

Amends the Juvenile Court Act of 1987. Provides that the court shall not order any assessments, such as fees, fines, or administrative costs, except for assessments made in traffic, boating, or fish and game law, or municipal ordinance violations as provided in the Act, against a minor subject to the Minors Requiring Authoritative Intervention Article, Addicted Minors Article, or Delinquent Minors Article of the Act or against the minor's parent, guardian, or legal custodian. Provides that, except for assessments made in traffic, boating, or fish and game law, or municipal ordinance violations as provided in the Act, any judgment, order, agreement, or other legally enforceable encumbrance directing a minor or his or her parent, guardian, or legal custodian to pay assessments prior to the effective date of the amendatory Act is null, void, and not collectible if there remains a balance due, including interest, penalties, or collection fees. Provides that, if the court orders community service for the minor, community service shall not interfere with the school hours, school-related activities, or work commitments of the minor or the minor's parent, guardian, or legal custodian. Provides that, one year after the effective date of the amendatory Act, the Administrative Office of the Illinois Courts shall report to the General Assembly: (1) the number of judgments, orders, agreements, or other legally enforceable encumbrances vacated pursuant to this provision in each judicial district; and (2) the total balances of fees, fines, and administrative costs vacated in each judicial district. Makes other changes. Amends various other Acts to make conforming changes. Effective immediately.


Senate Committee Amendment No. 1 - Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill. Provides that if the minor or the minor's parent, guardian, or legal custodian is unable to cover the cost of a condition of the minor's continuance under supervision, the court shall not preclude the minor from receiving continuance under supervision based on the inability to pay. Provides that if the minor or the minor's parent, guardian, or legal custodian is unable to cover the cost of a condition of probation or conditional discharge, the court shall not preclude the minor from receiving probation, conditional discharge, or supervision based on the inability to pay. Provides that inability to pay shall not be grounds to object to the minor's placement on a continuance under supervision. Provides that the inability of a minor, or minor's parent, guardian, or legal custodian, to cover the costs associated with an appropriate sentencing order shall not be the basis for the court to enter a sentencing order incongruent with the court's findings regarding the offense on which the minor was adjudicated or the mitigating factors. Effective immediately.


House Committee Amendment No. 1 - Provides that, except for restitution and assessments issued for adjudications of traffic, boating, or fish and game law, or a municipal or county ordinance, fines and assessments, such as fees or administrative costs, shall not be ordered or imposed on the following individuals as of the effective date of the amendatory Act: (1) a minor subject to the Minors Requiring Authoritative Intervention, Addicted Minors, or Delinquent Minors Articles of the Juvenile Court Act of 1987, or the minor's parent, guardian, or legal custodian; or (2) a minor under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under the delinquency Article of the Juvenile Court Act of 1987, or the minor's parent, guardian, or legal custodian. Deletes from the confidentiality provisions of the Juvenile Court Act of 1987 permitting access to juvenile court records by collection agencies, contracted or otherwise engaged by a governmental entity, to collect any debts due and owing to the governmental entity. In the fine default provisions of the Unified Code of Corrections, provides that the provisions do not apply against a minor or the minor's parent, guardian, or legal custodian in cases subject to the Minors Requiring Authoritative Intervention, Addicted Minors, or Delinquent Minors Articles of the Juvenile Court Act of 1987, or a minor under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under Article V of the Juvenile Court Act of 1987.


CURRENT STATUS

5/24/2023 - Passed Both Houses


SB1478 DCFS-DUE PROCESS-YOUTH IN CARE (GILLESPIE A)

Senate Committee Amendment No. 1 - Replaces everything after the enacting clause. Amends the Children and Family Services Act. Creates the Due Process for Youth Oversight Commission (Commission) to oversee the creation and implementation of a youth's statutory right to counsel in abuse and neglect proceedings conducted in accordance with the Juvenile Court Act of 1987. Requires the Commission to provide direction and operational phases for implementation statewide, provide status reports and recommendations to the General Assembly regarding implementation, and provide ongoing implementation and program oversight for 5 years after statewide transition is completed. Contains provisions concerning the Commission's membership; term limits; scheduled meetings; data support provided by the Department of Children and Family Services; Commission duties; and the date of the Commission's dissolution. Amends the Foster Children's Bill of Rights Act. Expands the rights afforded to every child placed in foster care to include the right to have a court appoint an attorney to represent the youth in any abuse or neglect case who will advocate for the youth's wishes and make recommendations to the court regarding the youth's care. Provides that this right applies to court proceedings pending or commenced on or after 3 years of the effective date of the amendatory Act or a date established by the Due Process for Youth Oversight Commission, whichever is sooner. Amends the Juvenile Court Act of 1987. Provides that immediately upon the filing of an abuse or neglect petition, the court shall appoint counsel for each minor who is the subject of that petition, unless the minor has already retained counsel. Provides that this requirement shall apply to court proceedings pending or commenced on or after 3 years of the effective date of the amendatory Act or a date established by the Due Process for Youth Oversight Commission, whichever is sooner. Provides that each respondent in any petition filed under the Act who is 8 years of age or older shall be furnished a written "Notice of Rights" at or before the first hearing at which the respondent appears. Provides that counsel appointed by a court to represent a minor in neglect or abuse proceedings shall have a minimum of one in-person contact with the minor prior to each hearing and at least one in-person contact every quarter. Provides that such counsel is prohibited from serving as the minor's guardian ad litem or being employed by the same law office as the minor's guardian ad litem. Provides that the preceding sentence applies to proceedings pending or commenced on or after the effective date established by the Due Process for Youth Oversight Commission. Effective immediately.


CURRENT STATUS

5/3/2023 – Passed the Senate, did not get read in the House.

SB1543 STATEWDE PTSD MENTL HLTH COORD (CUNNINGHAM B)

Amends the Illinois Police Training Act. Creates under the authority of the Illinois Law Enforcement Training Standards Board the Statewide PTSD Mental Health Coordinator, appointed by the Governor, by and with the advice and consent of the Senate, for a term of 4 years. Provides that the Statewide PTSD Mental Health Coordinator shall receive a salary as provided by law and is eligible for reappointment. Provides that the Statewide PTSD Mental Health Coordinator shall be responsible for implementing a program of mental health support and education for law enforcement officers. Establishes qualifications for the Coordinator. Provides that the Statewide PTSD Mental Health Coordinator shall report to the Board on the development and implementation of programs and training for law enforcement officers and shall advise the Board and receive advice from the Board on direction and training needs for law enforcement agencies that vary in size, location, and demographics.


CURRENT STATUS

5/19/2023 - Passed Both Houses

SB1709 MENTAL HEALTH-STUDENT ACCESS (SIMMONS M)

Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that the Department of Human Resources shall partner with the State Board of Education to provide technical assistance for the provision of mental health care during school days with the goal of increasing the availability and accessibility of mental health resources for students. Provides that the Department shall report to the General Assembly on the implementation of the technical assistance provision no later than July 1, 2025. Provides for rulemaking by the Department and the State Board of Education.


CURRENT STATUS

6/7/2023 - Sent to Governor for Signature

SB1834 JUV CT-UNATTENDED MINOR (SIMS E)

Amends the Juvenile Court Act of 1987. Provides that a neglected minor includes any minor (rather than a minor under 14 years) whose parent or other person responsible for the minor's welfare leaves the minor without supervision for an unreasonable period of time without regard for the mental or physical health, safety, or welfare of that minor. Provides that a minor shall not be considered neglected for the sole reason that the minor was engaged in independent activities, except if the person responsible for the minor's health, safety, or welfare willfully disregards danger that the independent activity poses to the physical or mental health of the minor under circumstances when the danger is sufficiently obvious that no reasonable person would cause or permit the minor to be unsupervised in such a situation given the minor's level of maturity, physical condition, or mental abilities. Provides factors that must be considered in determining if a minor's needs can be sufficiently met during an independent activity. Amends the Criminal Code of 2012 to change the child abandonment statute. Deletes language providing that a person commits child abandonment by leaving a child who is under the age of 13 without supervision by a responsible person over the age of 14 for a period of 24 hours or more. Provides instead that a person commits child abandonment when he or she, as a parent, guardian, or other person having physical custody or control of a child, without regard for the mental or physical health, safety, or welfare of that child, knowingly permits a child to engage in independent activities that were unreasonable under the circumstances or for an unreasonable period of time without regard for the minor's mental or physical health, safety or well-being. Provides that no specific age shall be determinative of reasonableness, and that reasonableness shall be determined by the maturity of each individual child. Effective immediately.


Senate Committee Amendment No. 1 - Provides that the definition of "neglected minor" includes any minor under 18 years of age or a minor 18 years of age or older for whom the court has made a finding of probable cause to believe that the minor is abused, neglected, or dependent prior to the minor's 18th birthday who is subject to the various conditions of neglect under the statute.


CURRENT STATUS

6/7/2023 - Sent to Governor for Signature

SB1907 EDUC-EMERGENCY CONTRACEPTION (VILLANUEVA C)

Creates the Public Higher Education Act. Provides that the intent of the Act is for the requirements of the Act to apply equally to the governing board of each public institution of higher education in this State. Defines "governing board of each public institution of higher education" and "public institution of higher education". Adds provisions requiring each public institution of higher education to make emergency contraception available for purchase through at least one vending machine located on each campus under its jurisdiction; defines "emergency contraception". Sets forth minimum requirements concerning the packaging, storage, cost, and dispensing of the emergency contraception. Effective immediately.


Senate Committee Amendment No. 1 - Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Defines "wellness kiosk". Replaces references to "vending machine" with "wellness kiosk". Makes related changes. Effective immediately.


CURRENT STATUS

5/11/2023 - Passed Both Houses

SB1909 DECEPTIVE PRACTICE-PREG CENTER (VILLANUEVA C)

Senate Committee Amendment No. 1 - Replaces everything after the enacting clause. Amends the Consumer Fraud and Deceptive Business Practices Act. Prohibits a limited services pregnancy center from engaging in unfair methods of competition or unfair or deceptive acts or practices: (1) to interfere with or prevent an individual from seeking to gain entry or access to a provider of abortion or emergency contraception; (2) to induce an individual to enter or access the limited services pregnancy center; (3) in advertising, soliciting, or otherwise offering pregnancy-related services; or (4) in conducting, providing, or performing pregnancy-related services. Defines terms. Sets forth legislative intent. Effective immediately.


CURRENT STATUS

5/11/2023 – Passed Both Houses

SB2039 SCH CD-IEP MEETING-PUNS LIST (PACIONE-ZAYAS C)

Senate Floor Amendment No. 3 - Replaces everything after the enacting clause. Amends the School Code. In provisions concerning the Prioritization of Urgency of Need for Services database, makes changes to the findings, and changes references from "Prioritization of Urgency of Need for Services" to "PUNS". Provides that the State Board of Education shall work in consultation with the Department of Human Services and with school districts to ensure that all students with intellectual disabilities or developmental disabilities and their parents or guardians are informed about the PUNS database (instead of the State Board of Education may work with school districts to inform all students with developmental disabilities and their parents or guardians about the Prioritization of Urgency of Need for Services database). Makes changes regarding the computer-based training program. Provides that during the student's annual individualized education program ("IEP") review meeting, if the student has an intellectual disability or a developmental disability, the student's IEP team shall determine the student's PUNS database registration status based upon information provided by the student's parents or guardian or by the student. Sets forth related requirements. Removes a provision requiring the Department of Human Services to consider the length of time spent on the Prioritization of Urgency of Need for Services waiting list, in addition to other factors considered, when selecting individuals on the list for services. Makes other changes.


House Committee Amendment No. 1 - Provides that the State Board of Education may (instead of shall) work in consultation with the Department of Human Services and with school districts to ensure that all students with intellectual disabilities or developmental disabilities and their parents or guardians are informed about the PUNS database. Provides that the Department of Human Services's development and implementation of an online, computer-based training program shall be in consultation with the State Board of Education.


CURRENT STATUS

5/19/2023 - Passed Both Houses

SB2197 CD CORR-DJJ OMBUDSMAN-CTY JUV (VILLA K)

Amends the Unified Code of Corrections. Provides that the Department of Juvenile Justice Office of Independent Juvenile Ombudsman also shall be ombudsman for county-operated juvenile detention centers. Provides that the Ombudsman shall secure the rights of youth committed to county-operated juvenile detention centers. Provides that, with respect to county-operated juvenile detention centers, the Ombudsman shall report to a local commission concerning: (1) the work of the Ombudsman; (2) the status of any review or investigation undertaken by the Ombudsman; and (3) any recommendations that the Ombudsman has relating to a systemic issue in the Department of Juvenile Justice's or a county-operated juvenile detention center's provision of services and any other matters for consideration by the General Assembly and the Governor. Also provides for the reporting of this information with respect to county-operated juvenile detention centers, to the chief judge of the applicable judicial circuit and shall make the data publicly available. Provides that the commission shall be established by ordinance of the county board of the county in which the county-operated juvenile detention center is located, and, at a minimum, shall include the chief judge, the State's Attorney, the Public Defender, a correctional administrator, and an advocate for justice system impacted families and individuals. Provides that, to the extent that any county-operated juvenile detention center provides services to counties beyond the one in which it is located, the Independent Juvenile Ombudsman shall also provide a copy of the data to the county boards of the counties served by the county-operated juvenile detention center.


Senate Committee Amendment No. 1 - Provides that for cases that arise in county-operated juvenile detention centers, the Independent Juvenile Ombudsman shall report the data to the chief judge of the applicable judicial circuit and the Director of the Administrative Office of the Illinois Courts concerning: (1) cases of severe abuse or injury of a youth; (2) serious misconduct, misfeasance, malfeasance, or serious violations of policies and procedures concerning the administration of a county-operated juvenile detention center program or operation; (3) serious problems concerning the delivery of services in a county-operated juvenile detention center; (4) interference by the county-operated juvenile detention center with an investigation conducted by the Office of the Independent Juvenile Ombudsman; and (5) other cases as deemed necessary by the Ombudsman. Provides that with respect to county-operated juvenile detention centers, the Ombudsman shall provide data responsive to: (1) the work of the Ombudsman; (2) the status of any review or investigation undertaken by the Ombudsman, but the data may not contain any confidential or identifying information concerning the subjects of the reports and investigations; and (3) any recommendations that the Independent Juvenile Ombudsman has relating to a systemic issue in the county-operated juvenile detention center's provision of services and any other matters for consideration by the General Assembly to the chief judge of the applicable judicial circuit and to the Director of the Administrative Office of the Illinois Courts, and shall make the data publicly available.


Senate Floor Amendment No. 3 - Provides that "county-operated juvenile detention center" does not include police or other temporary law enforcement holding locations. Adds a January 1, 2025 effective date to the bill.


House Committee Amendment No. 1 - Restores the name of the Law to the Department of Juvenile Justice Independent Juvenile Ombudsman Law. Changes the definition of "county-operated juvenile detention center" to any shelter care home or detention home as "shelter" and "detention" are defined in the County Shelter Care and Detention Home Act and any other facility that detains youth in the juvenile justice system that is specifically designated to detain or incarcerate youth. Provides that a "county-operated juvenile detention center" does not include police or other temporary law enforcement holding locations. Provides that County-operated juvenile detention centers shall provide necessary administrative services and space, upon request, inside the facility to the Office of the Independent Juvenile Ombudsman to meet confidentially with youth and otherwise in performance of his or her duties under the Department of Juvenile Justice Independent Juvenile Ombudsman Law. Provides that the Department of Juvenile Justice and county-operated juvenile detention centers shall provide the Independent Juvenile Ombudsman unrestricted access to any other files of youth in the custody of county-operated juvenile detention centers.


CURRENT STATUS

5/19/2023 - Passed Both Houses

SB2293 DCFS-YOUTH IN CARE FUND (MORRISON J)

Amends the Children and Family Services Act. Permits the Department of Children and Family Services to establish and maintain locally held funds to be individually known as the Youth in Care Support Fund. Provides that moneys in these funds shall be used for purchases for the immediate needs of youth in care or for the immediate support needs of youth, families, and caregivers served by the Department. Provides that moneys paid into these funds shall be from appropriations made to the DCFS Children's Services Fund; and that any funds remaining in any Youth in Care Support Fund must be returned to the DCFS Children's Services Fund upon dissolution. Provides that any warrant for payment to a vendor for the same product or service for a youth in care shall be payable to the Department to reimburse the immediate payment from the Youth in Care Support Fund.


CURRENT STATUS

5/11/2023 - Passed Both Houses

SB2379 COUNSEL-IMMIGRATION (VILLANUEVA C)

Amends the Right to Counsel in Immigration Proceedings Act. Provides that the Task Force shall submit a report of its findings in the investigation and its recommendations for how to fully provide legal representation for covered individuals facing covered proceedings by no later than July 1, 2024 Repeals the Act July 1, 2025 (previously 2024). Effective immediately.


CURRENT STATUS

5/11/2023 - Passed Both Houses

 

The above summary only reflects the status of NASW-IL's position on a bill at the time of the report. As legislative changes occur frequently, this may no longer be the current status or NASW-IL's position.


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