Rep. Jerry F. Costello, II

Amends the Military Code of Illinois. Deletes a provision that creates within the Department of Military Affairs an honorary regiment of Colonels known as the Governor's Regiment and that provides that the Governor, from time to time as necessary, may appoint individuals to the Regiment with the honorary title of Colonel whose accomplishments, achievements, or service have contributed to the fellowship and goodwill of the State. Provides instead that the Department of Military Affairs shall establish by rule a recognition program to allow the Governor or the Adjutant General to recognize individuals or organizations who have contributed to the advancement of the Illinois National Guard. Effective immediately.

Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that the facility director of the Chester Mental Health Center may authorize the temporary use of transport devices on a civil recipient when necessary in the course of transport of the civil recipient outside the facility to maintain custody or security. Provides that the use of transport devices shall be reviewed and approved by a physician based upon a determination of the civil recipient's current functioning level, prior experience during similar transports, length, duration and purpose of trip, risk of unauthorized absence and risk of violence. Provides that staff transporting the individual shall be trained in the use of the transport devices and shall observe and monitor the individual while being transported. Provides that the facility shall keep a monthly record listing each instance in which transport devices are used, circumstances indicating the need for use of transport devices, and time of application of transport devices and time of release from those devices. Provides that the facility director shall allow the Illinois Guardianship and Advocacy Commission, the agency designated by the Governor under the Protection and Advocacy for Developmentally Disabled Persons Act, and the Department of Human Services to examine and copy the record upon request. Provides that this use of transport devices shall not be considered restraint as defined in the Mental Health and Developmental Disabilities Code. Effective immediately.

Amends the General Not For Profit Corporation Act of 1986. Allows cooperatives that own and operate agriculture-based biogas (anaerobic digester) systems to organize as a non-profit. Activities of the cooperatives may include the marketing and sale of biogas system products including but not limited to methane gas, electricity, and compost. Effective immediately.

Amends the Illinois Procurement Code. Provides that any veteran-owned small business shall be certified as any number of the following that apply: "female owned business", "minority owned business", "business owned by a person with a disability", "qualified service-disabled veteran-owned small business", and "qualified veteran-owned small business". Effective immediately.

Amends the Open Space Lands Acquisition and Development Act. Provides that at least 50% of any grant made to a unit of local government under the Act must be paid to the unit of local government at the time the Department awards the grant. Provides that the remainder shall be distributed quarterly on a reimbursement basis. Effective immediately.

Amends the Illinois Act on the Aging. In regard to a nursing home prescreening program administered by the Department on Aging for individuals with Alzheimer's Disease and related disorders, provides that case coordination units shall employ pre-screeners to perform all functions assigned to case coordination units under the Act and that in addition to information needed to properly assess an individual's need for services, the pre-screener shall be responsible for soliciting asset, income, and resource information needed to comply with federal spousal impoverishment requirements. Requires the pre-screener to (i) inform the individual and the individual's spouse, if any, of the consequences of failing to comply with full disclosure and (ii) enter asset, income, and resource information into the same database used to enter the Determination of Need score to ensure that the Department of Human Services and the Department of Healthcare and Family Services have open access to such information. Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that subject to federal approval, the community spouse resource allowance shall be established and maintained, based on asset, income, and resource information collected by a pre-screener, at the higher of $109,560 or the minimum level permitted pursuant to certain federal guidelines, as now or hereafter amended, or an amount set after a fair hearing, whichever is greater (rather than the community spouse resource allowance shall be established and maintained at the higher of $109,560 or the minimum level permitted pursuant to certain federal guidelines, as now or hereafter amended, or an amount set after a fair hearing, whichever is greater). Effective immediately.

Amends the Methamphetamine Precursor Tracking Act. Defines "qualified outside entity" to include in addition to a law enforcement agency or prosecutor's office with authority to identify, investigate, or prosecute violations of the Act or any other State or federal law or rule involving a methamphetamine precursor, methamphetamine, or any other controlled substance: (1) any probation and court services department authorized by the Probation and Probation Officers Act; (2) the Department of Corrections; (3) the Department of Juvenile Justice; (4) the U.S. Probation and Pretrial Services System; and (5) the U.S. Parole Commission. Effective immediately.

Amends the Code of Criminal Procedure of 1963. Adds child abduction involving luring of a child to the list of offenses for which evidence of the prior commission of that offense or other listed offense may be introduced in the trial or retrial of the accused for a listed offense to prove a propensity of the accused.

Amends the Wildlife Code. Allows veterans that are Illinois residents to obtain an Illinois Hunter Education card after completing the online study section of the Illinois Hunter Education program and providing the Department of Natural Resources with verification of service or mobilization. Effective immediately.

Amends the School Code. Provides that, if requested, a school board is authorized to excuse a pupil from engaging in a physical education course if the pupil has an intellectual or physical disability, is participating in an athletic program outside of the school setting, and documents such participation as determined by the school board. Effective July 1, 2013.