Rep. Kelly Cassidy

Amends the Criminal Identification Act. Provides that notwithstanding a positive test for the presence of cannabis within the petitioner's body from a drug test taken within 30 days before the filing of the petition for expungement or sealing or the failure of the petitioner to take such test, the petitioner may petition for the sealing or expungement of his or her felony records for a violation of the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or the Cannabis Control Act or felony records of a qualified probation for a felony drug offense. Defines "cannabis" and "felony drug offense". House Floor Amendment No. 1 Replaces everything after the enacting clause. Amends the Criminal Identification Act. Provides that, notwithstanding any other provision of law, the court shall not deny a petition for expungement or sealing because the petitioner has submitted a drug test taken within 30 days before the filing of the petition for expungement or sealing that indicates a positive test for the presence of cannabis within the petitioner's body. Defines "cannabis".

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 Illinois Controlled Substances Act. Provides that the requirements for transmitting information to the central repository under the Prescription Monitoring Program also apply to opioid treatment programs that prescribe Schedule II, III, IV, or V controlled substances for the treatment of opioid use disorder. House Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Illinois Controlled Substances Act. Provides that specified requirements also apply to opioid treatment programs that are licensed or certified by the Department of Human Services' Division of Substance Use Prevention and Recovery and are authorized by the federal Drug Enforcement Administration to prescribe Schedule II, III, IV, or V controlled substances for the treatment of opioid use disorders. Requires opioid treatment programs to attempt to obtain written patient consent, document attempts to obtain the written consent, and not transmit information without patient consent. Provides that the documentation obtained shall not be utilized for law enforcement purposes. Provides that treatment of a patient shall not be conditioned upon his or her written consent. Makes other changes. Senate Floor Amendment No. 1 Deletes reference to: 720 ILCS 570/316 Adds reference to: 720 ILCS 5/19-2 from Ch. 38, par. 19-2 Replaces everything after the enacting clause. Amends the Criminal Code of 2012. Provides that commission of possession of burglary tools includes when a person, knowingly and with the intent to enter the motor vehicle and with the intent to commit therein a felony or theft, possesses a device designed to: (1) unlock or start a motor vehicle without the use or possession of the key to the motor vehicle; or (2) capture or duplicate a signal from the key fob of a motor vehicle to unlock or start the motor vehicle without the use or possession of the key to the motor vehicle.

Amends the Children and Family Services Act. Provides that all youth in care shall be assigned a mental health provider to manage their mental health care needs. Requires a youth's mental health provider to visit the youth and conduct a well-being assessment within 30 days after the youth is removed from his or her home and placed in the temporary custody or guardianship of the Department of Children and Family Services. Provides that additional follow-up visits and well-being checks shall be scheduled and conducted until the youth is no longer under the custody or guardianship of the Department. Provides that any mental health care services provided to the youth shall be in addition to any care or services the youth receives from his or her primary care provider. Grants the Department rulemaking authority. House Floor Amendment No. 1 Replaces everything after the enacting clause. Amends the Children and Family Services Act. Creates the Holistic Mental Health Care for Youth in Care Task Force. Requires the Task Force to review and make recommendations regarding mental health and wellness services provided to youth in care, including a program of holistic mental health services provided 30 days after the date upon which a youth is placed in foster care, in order to determine how to best meet the mental health needs of youth in care. Provides that the Task Force shall also assess the capacity of State licensed mental health professionals to provide preventive mental health care to youth in care; review the current payment rates for mental health providers serving the youth in care population; evaluate the recruitment and retention of mental health providers who are persons of color to serve the youth in care population; and perform other specified duties. Provides that the Task Force shall consist of 9 members and that members shall serve without compensation but may be reimbursed for necessary expenses incurred in the performance of their duties. Requires the Task Force to meet at least once each month beginning no later than July 1, 2022 and at other times as determined by the Task Force. Provides that the Task Force may hold electronic meetings and a member of the Task Force shall be deemed present for the purposes of establishing a quorum and voting. Provides that the Department of Healthcare and Family Services, in conjunction with the Department of Children and Family Services, shall provide the Task Force with administrative support. Requires the Task Force to prepare and submit to the Governor and the General Assembly at the end of each quarter a report that summarizes its work and makes recommendations resulting from its study. Effective immediately. Fiscal Note, House Floor Amendment No. 1 (Dept. of Children & Family Services) There is no material cost to this legislation. Senate Floor Amendment No. 1 Replaces everything after the enacting clause. Reinserts the engrossed bill with the following changes: Provides that the Task Force shall include: (i) a member appointed by the Governor from the Office of the Governor who has a focus on mental health issues, (rather than a member from the Office of the Governor who has a focus on mental health issues); (ii) one member who is a former youth in care, appointed by the Governor (rather than one member who is a former youth in care recommended by the Illinois Chapter of the Foster Care Alumni of America); and (iii) one representative from the managed care entity managing the YouthCare program, appointed by (rather than recommended by) the Director of Healthcare and Family Services. Requires the Task Force to submit its final report to the Governor and the General Assembly no later than December 31, 2024. Provides that upon submission of its final report, the Task Force is dissolved.

Creates the Legislative Accessibility Act. Provides that the General Assembly shall make all efforts to increase the accessibility of the General Assembly for people with disabilities. Provides that the Speaker of the House of Representatives and the President of the Senate shall each appoint an accessibility coordinator who, in consultation with the Architect of the Capitol, shall be responsible for addressing accessibility needs for his or her corresponding house. Provides that the Illinois General Assembly website shall include either an email address, webform, or other similar mechanism to request reasonable accommodations to meet the accessibility needs of people with disabilities attending legislative events. Establishes the General Assembly Accessibility Task Force. Provides for the membership and meetings of the Task Force. Provides that members and ex officio members of the Task Force shall serve without compensation. Provides administrative support for the Task Force. Provides that the Task Force shall examine issues concerning accessibility of persons with a disability. Requires the Task Force to make recommendations to the General Assembly concerning General Assembly accessibility no later than December 31, 2021. Repeals specified provisions January 1, 2023. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. Removes provision requiring the General Assembly Accessibility Task Force to be convened by the Department of Central Management Services in coordination with the Secretary of State. Modifies the appointment of members to the Task Force. Provides that the President of the Senate, Speaker of the House of Representatives, Minority Leader of the Senate, and Minority Leader of the House of Representatives shall each appoint 2 members to the Task Force (rather than the Governor appointing 15 members). Provides for the appointment of the Task Force chair. Provides that appointees shall include persons who self-identify as having a disability or advocates for such persons. Provides for specified State officials to serve on the Task Force as ex officio members. Provides that the Architect of the Capitol (rather than the Department of Central Management Services) shall provide administrative and other support to the Task Force. Requires the Task Force to issue its recommendations to the General Assembly no later than December 31, 2023 (rather than December 31, 2021). Repeals the Task Force on January 1, 2025 (rather than January 1, 2023). Makes other changes. Effective immediately. House Floor Amendment No. 1 Further amends the Legislative Accessibility Act. Provides that the Illinois General Assembly website shall include an email address, web form, or other similar mechanism to meet the accessibility needs of persons attending legislative meetings, hearings, floor proceedings, and press conferences at the Capitol Complex (rather than persons attending legislative events, including, but not limited to, all hearings and floor proceedings). Makes a technical change.

Amends the Homelessness Prevention Act. Provides that the Department of Human Services shall be mindful of preventing undue administrative burden in the application process for individual tenants in applying for assistance. Provides that program staff shall endeavor to lessen any administrative burden on landlords receiving assistance payments. Amends the Eviction Article of the Code of Civil Procedure. Provides that a defendant shall have an affirmative defense to any action where the plaintiff has made a demand for possession that is based on unpaid rent regardless of whether the owner has joined in the action a claim for rent if the defendant, a social services agency, or a government agency offered the owner an application for emergency housing assistance and the owner refused to complete the process to obtain the emergency housing assistance and the defendant would have been eligible for the emergency housing assistance program. Provides that the owner may overcome the affirmative defense only if the court makes a finding that the application for emergency housing assistance would impose a significant administrative burden on the owner. Amends the Illinois Human Rights Act. Defines "source of income". Provides that if a landlord requires that a prospective tenant or current tenant have a certain threshold level of income, then the landlord shall subtract any source of income in the form of a rent voucher or subsidy from the total of the monthly rent prior to calculating if the income criteria have been met. Provides that a landlord shall not apply an income or asset requirement to a tenant with a non-wage source of income that the landlord does not apply to all tenants. Provides that if an income or asset requirement serves to generally exclude participants in a housing or benefits program, that requirement shall be considered presumptively discriminatory. Makes other changes. Fiscal Note (Dept. of Human Services) HB 2775 does not have a fiscal impact to the Department of Human Services. Housing Affordability Impact Note (Housing Development Authority) This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence. Senate Committee Amendment No. 1 Deletes reference to: 310 ILCS 70/4 from Ch. 67 1/2, par. 1304 310 ILCS 70/10 from Ch. 67 1/2, par. 1310 735 ILCS 5/9-106.4 new 775 ILCS 5/3-102.2 new 775 ILCS 5/8B-104 from Ch. 68, par. 8B-104 Replaces everything after the enacting clause. Amends the Illinois Human Rights Act. Declares that it is the public policy of the State to prevent discrimination based on source of income in real estate transactions. Defines "source of income" as the lawful manner by which an individual supports himself or herself and his or her dependents. Provides that it is a civil rights violation for various people to participate in specified discriminatory actions related to real estate transactions because of an individual's source of income.

Amends the Illinois Act on the Aging. In provisions concerning the Council on Aging, provides that at least 7 citizen members shall represent underrepresented communities, including, but no limited to: one member who is a lesbian, gay, bisexual, or queer individual; one member who is a transgender or gender-expansive individual; one member who is an African-American or Black individual; and one member who is an Asian-American or Pacific Islander individual. Creates the Illinois Commission on LGBTQ Aging to investigate, analyze, and study the health, housing, financial, psychosocial, home-and-community-based services, assisted living, and long-term care needs of LGBTQ older adults and their caregivers. Requires the Commission to make recommendations to improve access to benefits, services, and supports for LGBTQ older adults and their caregivers. Requires the Commission to: examine the impact of State and local laws, policies, and regulations on LGBTQ older adults and make recommendations to ensure equitable access, treatment, care and benefits, and overall quality of life; and examine strategies to increase provider awareness of the needs of LGBTQ older adults and their caregivers and to improve the competence of and access to treatment, services, and ongoing care, including preventive care; and carry out other duties. Contains provisions concerning: members appointed to the Commission; Commission meetings and reports; an LGBTQ Older Adult Advocate to advocate for LGBTQ older adults and older adults living with HIV who experience barriers to accessing and utilizing services; an LGBTQ Older Adult Curriculum and Training Program; and other matters. Effective immediately.

Amends the Unified Code of Corrections. Provides that each institution or facility of the Department of Corrections shall hire a reentry specialist to assist with the reentry of offenders into the community. Provides that the Department shall by rule provide for the duties and responsibilities of reentry specialists.

Amends the Chicago Teacher Article of the Illinois Pension Code. Allows a member to establish credit for up to 2 years of service as a teacher or administrator employed by a private school registered with or recognized by the Illinois State Board of Education, provided that the teacher (i) was certified under the law governing the certification of teachers at the time the service was rendered, (ii) applies in writing no later than 2 years after the effective date of the amendatory Act, (iii) supplies satisfactory evidence of the employment, (iv) completes at least 10 years of contributing service as a teacher, (v) pays the required contribution required, and (vi) does not receive credit for that service under any other provision of the Code. Amends the State Mandates Act to require implementation without reimbursement by the State. Effective immediately. Senate Committee Amendment No. 1 Provides that for each year of service credit established, a member is required to contribute to the System (i) the employee and employer contribution that would have been required had such service been rendered as a member based on the annual salary rate (instead of 16.5% of the annual salary rate) during the first year of full-time employment as a teacher under the Article following the private school service, plus (ii) interest thereon at the actuarially assumed rate (instead of interest thereon) from the date of first full-time employment as a teacher under the Article following the private school service to the date of payment, compounded annually, at a rate determined by the Board (instead of 8% per year).

Amends the Property Tax Code. Provides that with the exception of a county or taxing district acquiring tax certificates to property, all purchasers or assignees of a property at a tax sale shall pay the clerk postage plus the sum of $10 dollars (currently, the purchaser or assignee). Provides that not less than 1 month (currently, 3 months) nor more than 6 months prior to the expiration of the period of redemption, the purchaser or his or her assignee shall prepare and deliver to the clerk of the Circuit Court of the county in which the property is located, the notice provided for, together with the statutory costs for mailing the notice by certified mail, return receipt requested. Provides that notwithstanding any provision to the contrary, all properties owned and held for future development by specified entities are exempt from property taxes. Provides requirements to claim the exemption. Specifies the County of Cook d/b/a Cook County Land Bank as an entity exempt from property taxes. Provides that when property is owned and held by a specified entity, then excludes them from needing to file an application with the county board of review or board of appeals. Provides that the decision of the board of review is final with regards to exemptions to the specified entities. Effective immediately. House Floor Amendment No. 2 Adds reference to: 35 ILCS 200/16-130 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. Adds the South Suburban Land Bank and Development Authority and the Northern Illinois Land Bank Authority to the list of entities whose property is exempt if it is held for future development. Makes a conforming change concerning final decisions of the board of review. Makes various formatting changes. Effective immediately.