Rep. Adam Niemerg

Amends the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, or Stalking Act. Renames the Act the Address Confidentiality for Victims of Domestic Violence, Human Trafficking, Sexual Assault, or Stalking Act. Defines "human trafficking". Makes the Act's requirements applicable to victims of human trafficking. House Committee Amendment No. 1 Adds reference to: 5 ILCS 140/7.5 10 ILCS 5/1A-16 10 ILCS 5/19-1 from Ch. 46, par. 19-1 10 ILCS 5/20-3 from Ch. 46, par. 20-3 750 ILCS 61/30 750 ILCS 61/35 Replaces everything after the enacting clause. Amends the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, or Stalking Act. Changes the name of the Act to the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Human Trafficking, or Stalking Act. Makes the Act's requirements applicable to victims of human trafficking. Deletes language providing that: a program participant who is otherwise qualified to vote may apply to vote under the Election Code; the program participant shall automatically receive absentee ballots for all elections in the jurisdictions for which that individual resides; and the election authority shall transmit the absentee ballot to the program participant at the address designated by the participant in his or her application. Provides instead that a program participant who is otherwise qualified to vote may register to vote by submitting an Illinois Address Confidentiality Program Voter Registration Application created by the State Board of Elections to the appropriate election authority. Provides that the State Board of Elections (rather than the Attorney General) shall adopt rules to ensure the integrity of the voting process and the confidentiality of the program participant. In a provision regarding when disclosure of an address is prohibited, removes the exception requirement that a certification has been canceled. Exempts a program participant's address and phone number on file with the Attorney General from being disclosed under the Freedom of Information Act. Makes corresponding changes in the Freedom of Information Act and the Election Code. Senate Floor Amendment No. 1 Deletes reference to: 5 ILCS 140/7.5 10 ILCS 5/1A-16 10 ILCS 5/19-1 from Ch. 46, par. 19-1 10 ILCS 5/20-3 from Ch. 46, par. 20-3 750 ILCS 61/1 750 ILCS 61/5 750 ILCS 61/10 750 ILCS 61/11 750 ILCS 61/15 750 ILCS 61/30 750 ILCS 61/35 750 ILCS 61/40 Adds reference to: 735 ILCS 5/13-207 from Ch. 110, par. 13-207 Replaces everything after the enacting clause. Amends the Code of Civil Procedure. In a provision concerning a counterclaim or set-off, provides that a defendant may plead a set-off or counterclaim barred by the statute of limitation or the statute of repose (rather than only the statute of limitation), while held and owned by him or her, to any action, the cause of which was owned by the plaintiff or person under whom he or she claims, before such set-off or counterclaim was so barred, and not otherwise. Provides that the changes made to this provision apply to claims initiated on or after the effective date of the amendatory Act. Effective immediately. Senate Floor Amendment No. 2 Deletes reference to: 5 ILCS 140/7.5 10 ILCS 5/1A-16 10 ILCS 5/19-1 from Ch. 46, par. 19-1 10 ILCS 5/20-3 from Ch. 46, par. 20-3 750 ILCS 61/1 750 ILCS 61/5 750 ILCS 61/10 750 ILCS 61/11 750 ILCS 61/15 750 ILCS 61/30 750 ILCS 61/35 750 ILCS 61/40 Adds reference to: 735 ILCS 5/13-207 from Ch. 110, par. 13-207 Replaces everything after the enacting clause. Amends the Code of Civil Procedure. In a provision concerning a counterclaim or set-off, provides that a defendant may plead a set-off or counterclaim barred by the statute of limitation or the statute of repose (rather than only the statute of limitation), while held and owned by him or her, to any action, the cause of which was owned by the plaintiff or person under whom he or she claims, before such set-off or counterclaim was so barred, and not otherwise. Provides that the changes made to this provision apply to claims initiated on or after the effective date of the amendatory Act and to claims intentionally filed to preclude a defendant a reasonable opportunity to file a counterclaim within the original limitation period. Effective immediately.

Amends the Criminal Code of 2012. Deletes provision that it is an affirmative defense to a charge of solicitation of a sexual act with a person who is under the age of 18 or who is a person with a severe or profound intellectual disability that the accused reasonably believed the person was of the age of 18 years or over or was not a person with a severe or profound intellectual disability at the time of the act giving rise to the charge. Provides that solicitation of a sexual act from a person who is under the age of 18 or whom the solicitor of the sexual act reasonably believes to be under the age of 18 is a Class 4 felony. House Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the bill as introduced but deletes provision that solicitation of a sexual act from a person whom the solicitor of the sexual act reasonably believes to be under the age of 18 is a Class 4 felony.

Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that in order to maximize the accessibility of preventive prenatal and perinatal health care services, the Department of Healthcare and Family Services shall amend its managed care contracts such that an managed care organization must pay for preventive prenatal and perinatal healthcare services rendered by a non-affiliated provider, for which the health plan would pay if rendered by an affiliated provider, at the same rate the Department would pay for such services exclusive of disproportionate share payments and Medicaid percentage adjustments, unless a different rate was agreed upon by the health plan and the non-affiliated provider. Effective January 1, 2023. House Committee Amendment No. 2 Adds reference to: 210 ILCS 170/5 210 ILCS 170/25 Replaces everything after the enacting clause. Reinserts the provisions of the bill as amended by Senate Amendment No. 1 with the following changes. Amends the Birth Center Licensing Act. Provides that a licensed certified professional midwife may attend or be delegated to attend to each person in labor from the time of admission through birth and throughout the immediate postpartum period. Defines "licensed certified professional midwife". Makes a conforming change. Effective January 1, 2023. 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 Medical Assistance Article of the Illinois Public Aid Code. Provides that a managed care organization must pay for preventative prenatal services, perinatal healthcare services, and postpartum services rendered by a non-affiliated provider, for which the health plan would pay if rendered by an affiliated provider, at the rate paid (rather than at no less than the rate paid) under the Illinois Medicaid fee-for-service program methodology for such services. Provides that, in cases where a managed care organization must pay for preventive prenatal services, perinatal healthcare services, and postpartum services rendered by a non-affiliated provider, the payment rate requirements under the amendatory Act shall not apply if the services were not emergency services, as defined in a specified provision of the Code, and: (1) the non-affiliated provider is a perinatal hospital and has, within the 12 months preceding the date of service, rejected a contract that was offered in good faith by the health plan as determined by the Department of Healthcare and Family Services; or (2) the health plan has terminated a contract with the non-affiliated provider for cause, and the Department has not deemed the termination to have been without merit. Provides that the Department may deem that a determination for cause has merit if: (i) an institutional provider has repeatedly failed to conduct discharge planning; or (ii) the provider's conduct adversely and substantially impacts the health of Medicaid patients; or (iii) the provider's conduct constitutes fraud, waste, or abuse; or (iv) the provider's conduct violates the code of ethics governing his or her profession. Effective January 1, 2023.

Amends the Community Mental Health Act. Makes a technical change in a Section concerning the short title. Senate Floor Amendment No. 1 Deletes reference to: 405 ILCS 20/0.1 from Ch. 91 1/2, par. 300.1 Adds reference to: 410 ILCS 50/3.2 from Ch. 111 1/2, par. 5403.2 Replaces everything after the enacting clause. Amends the Medical Patient Rights Act. Removes language providing that nothing in the Act shall restrict the ability of a health care facility to regulate the hours of visitation, the number of visitors per patient or the movement of visitors within the facility. Provides that, during a period for which the Governor has issued a proclamation declaring that a disaster exists or in the event of an outbreak or epidemic of a communicable disease in the community in which the health care facility is located, a health care facility shall ensure an opportunity for at least one visitor, not counting a clergy person, to visit a resident or patient of the health care facility. Requires visitation to be subject to the guidelines, conditions, and limitations of the health care facility's visitation policy and any rules or guidelines established by the U.S. Centers for Medicare and Medicaid Services and the Centers for Disease Control and Prevention. Provides that visitors may be required by the health care facility to submit to health screenings necessary to prevent the spread of infectious disease. Provides that a health care facility may restrict a visitor who does not pass its health screening requirement and require a visitor to adhere to infection control procedures. Provides that a health care facility may deny visitation under the Act if the situation demands. Makes other changes. Effective immediately. House Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Authorizes a skilled nursing home, extended care facility, or intermediate care facility to prohibit an individual from visiting a resident or patient of the nursing home or facility if specific facts demonstrate that the individual would endanger his or her physical health or safety or the health or safety of a resident, patient, or health care worker of the nursing home or facility. Requires such a denial to be in writing and provided to the individual and the resident or patient with whom the individual was denied visitation. Requires each skilled nursing home, extended care facility, and intermediate care facility to inform each resident of the nursing home or facility (or that individual's representative) of the resident's visitation rights and the facility's visitation-related policies and procedures. Specifies that these nursing homes and facilities must not restrict, limit, or otherwise deny visitation privileges on the basis of race, color, national origin, religion, sex, gender identity, sexual orientation, or disability. Requires the nursing homes and facilities to ensure that all visitors enjoy full and equal visitation privileges, consistent with the residents' preferences.

Amends the Technology Advancement and Development Act. Makes a technical change in a Section concerning the short title. Senate Floor Amendment No. 1 Deletes reference to: 20 ILCS 700/1001 Adds reference to: 20 ILCS 505/21.6 new Replaces everything after the enacting clause. Amends the Children and Family Services Act. Provides that a child protective investigator is authorized to carry and use personal protection spray devices, such as mace, pepper mace, or pepper gas, for self-defense purposes while investigating a report of child abuse or neglect if the child protective investigator has been trained on the proper use of such personal protection spray devices by the Illinois State Police. Requires the Illinois State Police to establish a training program for child protective investigators on the proper use of personal protection spray devices for self-defense purposes. Requires the Department of Children and Family Services to provide funding for the training program. Effective immediately. House Floor Amendment No. 3 Replaces everything after the enacting clause. Amends the Children and Family Services Act. Provides that a front-line staff member is authorized to carry and use personal protection spray devices, as defined, for self-defense purposes while investigating a report of child abuse or neglect if the front-line staff member has been trained on the proper use of such personal protection spray devices by the Department of Children and Family Services, in consultation with the Illinois State Police. Provides that by January 1, 2023, the Department, in consultation with the Illinois State Police, shall (i) identify a list of approved personal protection spray devices and (ii) jointly develop and approve a training curriculum and program for front-line staff members on the proper use of such personal protection spray devices for self-defense purposes. Requires the Department to provide funding for the training program. Sets forth specific circumstances under which a front-line staff member may use a personal protection spray device including if the front-line staff member: (i) reasonably believes that use is necessary to protect the staff member from an imminent physical assault posed by another person; (ii) uses the device to incapacitate a person attempting a physical assault in order to avoid imminent physical harm and to facilitate escape from danger when there is no other alternative available to the front-line staff member; and (iii) except in exigent circumstances, has issued a verbal warning to persons in close proximity to the spray area. Provides that a front-line staff member's use of personal protection spray devices during the performance of his or her professional duties in any manner other than as expressly authorized under the amendatory Act shall be prohibited by Department policy. Provides that whenever a front-line staff member discharges a personal protection spray device, the front-line staff member shall complete an incident report. Provides that, following the discharge of a personal protection spray device that results in exposure, the front-line staff member shall notify his or her supervisor and, if appropriate, call 9-1-1 for emergency response or responders as soon as reasonably practical and when safe to do so. Requires the Department to annually report and publish on its website, beginning January 1, 2024, the number of front-line staff members trained to carry personal protection spray devices, the number of front-line staff members reporting personal protection spray devices and the make or model of the devices, and the number of reported uses of personal protection spray devices by service region. Provides that, in addition, the Department shall report each incident involving the deployment of a personal protection spray device that occurred during the preceding calendar year, including: (1) the estimated age, gender, and race of the intended target of the personal protection spray device; (2) whether there were injuries to the intended target resulting from the deployment of the personal protection spray device; (3) the age, gender, and race of the front-line staff member who utilized the personal protection spray device; and (4) whether there were injuries to the front-line staff member resulting from the incident. Requires the Department to also report yearly data on the number of personal protection spray device deployments found to be against Department policy. Effective immediately.

Amends the Fish and Aquatic Life Code. Removes provisions requiring a veteran who has served as an active duty member of the United States Armed Forces, the Illinois National Guard, or reserves of the United States Armed Forces to apply in person for a fishing license at a regional office of the Department of Natural Resources. Provides that the Department of Natural Resources shall establish by administrative rule the documentation that qualifies as acceptable verification of service; defines "acceptable verification" of service. Makes related changes to the Wildlife Code. Effective immediately.

Amends the Regulatory Sunset Act. Provides that the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act is repealed on January 1, 2028 (instead of January 1, 2023). Amends the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act. Defines "email address of record". Provides that the definition of "clinical supervision" includes face-to-face video if the session is synchronous and involves verbal and visual interaction during supervision. Provides that licensees shall provide a valid email address to the Department of Financial and Professional Regulation and inform of any change of email address. Removes a provision that provides that nothing in the Act shall be construed to limit licensed professional counselors from providing social services that do not fall within the definition of professional counseling. Provides that no person shall, without a valid license, hold one's self out to the public as a professional counselor by using the credential "L.P.C.". Removes a provision that the Department may maintain names and addresses of all licenses and all persons whose licenses have been suspended, revoked, or denied renewal for cause within the previous calendar year. Provides that the Professional Counselor Licensing and Disciplinary Board shall consist of 7 persons, one (instead of 2) of whom is licensed solely as a professional counselor and 4 (instead of 3) of whom are licensed solely as clinical professional counselors. Removes a provision that provides for an exception for an applicant who applied for licensure before a specified date where an approved baccalaureate program in human services approved by the Department and 5 years of supervised experience would count as a qualification for licensure. Provides that if the Department finds an individual unable to practice because of a substance-related violation, the Department may require that individual to submit to a substance abuse evaluation or treatment by programs approved by the Department as a condition, term, or restriction for continued, restored, or renewed licensure to practice. Makes other changes. Provisions amending the Regulatory Sunset Act are effective immediately. Senate Floor Amendment No. 1 Deletes reference to: 5 ILCS 80/4.33 5 ILCS 80/4.38 225 ILCS 107/10 225 ILCS 107/11 new 225 ILCS 107/15 225 ILCS 107/18 225 ILCS 107/20 225 ILCS 107/25 225 ILCS 107/30 from Ch. 111, par. 8451-30 225 ILCS 107/45 225 ILCS 107/50 225 ILCS 107/80 225 ILCS 107/90 225 ILCS 107/100 225 ILCS 107/110 225 ILCS 107/130 225 ILCS 107/155 225 ILCS 107/165 225 ILCS 107/55 rep. 225 ILCS 107/125 rep. Adds reference to: 720 ILCS 5/24-2 730 ILCS 5/3-2-14 new 730 ILCS 125/26.1 new Replaces everything after the enacting clause. Amends the Unified Code of Corrections and the County Jail Act. Provides that deputies, county correctional officers, and correctional officers of the Department of Corrections shall be deemed to be qualified law enforcement officers or, if retired, shall be deemed qualified retired or separated law enforcement officers in Illinois for purposes of coverage under the federal Law Enforcement Officers Safety Act of 2004 and shall have all rights and privileges granted by that Act if they are otherwise compliant with the applicable laws of this State governing the implementation and administration of the federal Law Enforcement Officers Safety Act of 2004 in the State of Illinois. Amends the Criminal Code of 2012 to make conforming changes.

Amends the Illinois Vehicle Code. Provides that no registration fee for a Gold Star license plate shall be required from a child (in addition to a surviving widow, widower, or parent) of a person who served in the Armed Forces of the United States and lost his or her life while serving on active duty (instead of "while in service while in wartime"). House Floor Amendment No. 2 Replaces everything after the enacting clause. Amends the Illinois Vehicle Code. Provides that the Secretary of State shall issue Gold Star license plates to any Illinois resident who is a surviving widow, widower, parent, child, stepchild, child through adoption, brother, half-brother, sister, or half-sister (rather than only a surviving widow, sibling, daughter, son, or parent) of a person who served in the Armed Forces of the United States and lost his or her life while serving in peacetime or war. Provides that no registration fee for a Gold Star license plate shall be required from children of persons who served in the Armed Forces of the United States and who lost their lives while serving during time-specified armed hostilities, military operations, and terrorist attacks (instead of "while in service while in wartime").

Amends the Electric Vehicle Act and the Electric Vehicle Rebate Act. Deletes language providing that "electric vehicle" does not include electric motorcycles. Effective immediately. Senate Floor Amendment No. 1 Adds reference to: 415 ILCS 120/27 In provisions amending the Electric Vehicle Act and the Electric Vehicle Rebate Act, provides that "electric vehicle" does not include electric mopeds or electric off-highway vehicles. Further amends the Electric Vehicle Rebate Act. Provides that only electric vehicles that are not an electric motorcycle qualify for specified rebates. Provides that, beginning July 1, 2022, each person shall be eligible to apply for a $1,500 rebate for the purchase of an electric vehicle that is an electric motorcycle. Provides that purchasers applying for a rebate must continue to reside in Illinois (rather than a covered area) for a minimum of 12 consecutive months immediately after the vehicle purchase date. Provides that rebates administered under the provisions shall be available for both new and used electric vehicles (rather than for new and used passenger electric vehicles). House Floor Amendment No. 2 In the Electric Vehicle Rebate Act, provides that beginning July 1, 2028, each person shall be eligible to apply for a $1,500 (rather than $1,000) rebate for the purchase of an electric vehicle that is not an electric motorcycle.

Amends the Property Assessed Clean Energy Act. Makes a technical change in a Section concerning the short title. Senate Floor Amendment No. 1 Deletes reference to: 50 ILCS 50/1 Adds reference to: 410 ILCS 535/25 from Ch. 111 1/2, par. 73-25 Replaces everything after the enacting clause. Amends the Vital Records Act. Provides that upon receipt of a written request from any applicant entitled to such a search, a local registrar or county clerk shall search available files for the death certificate of an active duty or retired service member of the United States military. Provides that if the death certificate requested by the applicant is found, the local registrar or county clerk shall furnish the applicant with one certified copy of the death certificate, under the seal of the local registrar's or county clerk's office, at no cost to the applicant. Provides that a local registrar or county clerk shall not require a fee from the applicant of more than $6 for any subsequent copy of the service member's death certificate or certification attesting that the death certificate of the service member was not found. Contains other provisions.