Rep. Jen Gong-Gershowitz

Creates the Access to Basic Mental Health Information Act. Provides definitions for "mental health facility", "physician", and "recipient". Provides that specified individuals are entitled, upon request, to obtain certain information regarding a recipient in a mental health facility if the individual declares that he or she is involved in the recipient's care or paying for the recipient's care and the individual meets specified requirements. Provides that an individual requesting information must submit to the mental health facility specified information. Provides that a mental health facility is required to receive information relevant to the recipient's mental health treatment. Provides that if the recipient requests the mental health record from the mental health facility, any information that was tendered to the mental health facility under a promise of confidentiality may be withheld from the recipient if disclosure of the information would be reasonably likely to reveal the source of the mental health information. Provides that whenever access or modification is requested, the request, the grounds for its acceptance or denial, and any action taken thereon shall be noted in the recipient's record. Provides that a mental health facility and its employees or agents are not liable for any action under the Act unless the release was made deliberately or the release constituted gross negligence. Provides that nothing in the Act constitutes an infringement on an individual's right to obtain mental health records of the recipient if the individual has another right to the mental health records by law, regulation, or consent of the recipient. Provides that the Act shall be liberally construed to allow receipt of mental health information to individuals entitled to a recipient's information. Provides that the Act supersedes the Mental Health and Developmental Disabilities Code and any other law that would be viewed to limit the access of an individual to a recipient's mental health records to the extent necessary to give the Act full implementation. Effective immediately. Senate Floor Amendment No. 2 Deletes reference to: New Act Adds reference to: 405 ILCS 5/2-113.5 new 740 ILCS 110/5.5 new Replaces everything after the enacting clause. Amends the Mental Health and Developmental Disabilities Code. Requires a mental health facility to accept information from the recipient's family and friends concerning the recipient's treatment for mental illness. Amends the Mental Health and Developmental Disabilities Confidentiality Act. Allows certain individuals to obtain specified information pertaining to a recipient of mental health facility care if the individual resides with the recipient or is paying for the recipient's care. Provides that an individual who receives the information shall not use the information provided by the mental health facility regarding the recipient to the individual's advantage in any legal proceeding or other transaction. Provides that if access or modification of the information is requested, the request, the grounds for its acceptance or denial, and any action taken thereon shall be noted in the recipient's record. House Floor Amendment No. 3 Deletes reference to: 405 ILCS 5/2-113.5 new Replaces everything after the enacting clause. Amends the Mental Health and Developmental Disabilities Confidentiality Act. Provides for the limited disclosure of protected mental health information of a recipient who is an inpatient of a mental health facility related to an individual's involvement with the recipient's mental health care or payment related to the recipient's mental health care. Provides eligibility factors for an individual seeking the disclosure of the information. Provides that whenever the disclosure of information is made without consent, the recipient shall be provided with written disclosure and afforded an opportunity to designate an agent or an attorney-in-fact, and documentation of the disclosure or use shall be noted in the recipient's record. Provides that once the recipient regains the capacity for informed consent, the provisions no longer apply and any allowance for the exchange of information between individuals and the medical personnel is terminated. Restricts an individual who receives information from redisclosing the information except under limited circumstances. Provides that any person who knowingly and willfully violates the provisions is guilty of a Class A misdemeanor. Provides that nothing in the new provisions shall be interpreted to allow a disclosure that is otherwise prohibited under any other State law or any federal law concerning informed consent.

Amends the Criminal Code of 2012. Makes a technical change in a Section concerning the definition of "conviction". House Floor Amendment No. 1 Deletes reference to: 720 ILCS 5/2-5 Adds reference to: 20 ILCS 2310/2310-705 new 20 ILCS 2605/2605-51 new 50 ILCS 705/7 from Ch. 85, par. 507 50 ILCS 705/7.1 new 430 ILCS 67/5 430 ILCS 67/10 430 ILCS 67/35 430 ILCS 67/40 430 ILCS 67/45 430 ILCS 67/85 new Replaces everything after the enacting clause. Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Provides that the Department of Public Health, subject to appropriation or other available funding, shall conduct a program to promote awareness of firearms restraining orders to the general public. Provides that beginning July 1, 2022, the program must include the development and dissemination, through print, digital, and broadcast media, of public service announcements that publicize the options victims of domestic violence have to seek help with special emphasis on the firearms restraining order. Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Creates the Commission on Implementing the Firearms Restraining Order Act. Amends the Illinois Police Training Act. Provides that the Illinois Law Enforcement Training Standards Board shall develop and approve a standard curriculum for a training program on the Firearms Restraining Order Act. Provides that the Board shall conduct a training program that trains officers on the use of firearms restraining orders, how to identify situations in which a firearms restraining order is appropriate, and how to safely promote the usage of the firearms restraining order in a domestic violence situation. Provides that the curriculum of police training schools shall also include training on the use of a firearms restraining order by providing instruction on the process used to file a firearms restraining order, how to identify situations in which a firearms restraining order is appropriate, and how to promote a firearms restraining order in a domestic violence situation. Provides that if adequate firearms restraining order training is unavailable, the Illinois Law Enforcement Training Standards Board may approve training to be conducted by a third party. Officers who have successfully completed this program shall be issued a certificate attesting to their attendance. Amends the Firearms Restraining Order Act. Provides that a firearms restraining order includes the seizure of the respondent's ammunition and firearm parts that could be assembled to make an operable firearm. Provides that "family member of the respondent" includes a former spouse and a person with whom the respondent has or allegedly has a child in common. Provides that a petition for a firearms restraining order may be filed in any county where an incident occurred that involved the respondent posing an immediate and present danger of causing personal injury to the respondent or another by having in his or her custody or control, or purchasing, possessing, or receiving, a firearm or ammunition or firearm parts that could be assembled to make an operable firearm. Includes printing a petition for a firearms restraining order for which no fees may be charged by the circuit clerk. Provides that the Illinois State Police shall submit a yearly report to the General Assembly concerning the applications and issuance of firearms restraining orders. Makes other changes. Senate Committee Amendment No. 1 Further amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Provides that the Department of Public Health's program to promote awareness of firearms restraining orders shall include production of materials that can be given to health care workers that assist in identifying people who may benefit from awareness of the Firearms Restraining Order Act (rather than victims of domestic violence and how to safely and discreetly determine if a potential abuser possesses a firearm). Deletes language providing that the program must include the development and dissemination of public service announcements that publicize the options for victims of domestic violence to seek help. Further amends the Department of State Police Law of the Civil Administrative Code of Illinois. Changes the composition of the Commission on Implementing the Firearms Restraining Order Act. Removes language providing for a member of a nonprofit organization whose mission is to reduce gun violence with experience educating the public about the Firearms Restraining Order Act, nominated by such an organization whose membership is the most numerous in Illinois. Adds to the membership the Director of Public Health or the Director's designee. Further amends the Illinois Police Training Act. Deletes language providing that police officer training shall include how to promote a firearms restraining order in a domestic violence situation. Further amends the Firearms Restraining Order Act. In the definition of "family member of the respondent", replaces new provision that the definition includes a person with whom the respondent has or allegedly has a child in common with a person with whom the respondent has a minor child in common.

Amends the Illinois Human Rights Act. Provides that it is a civil rights violation for a third-party loan modification service provider, because of unlawful discrimination, familial status, or an arrest record, to (1) refuse to engage in loan modification services or to discriminate in making such services available, or (2) alter the terms, conditions, or privileges of such services. Makes changes concerning what constitutes retaliation under various Articles of the Act. Provides that, in proceedings relating to real estate transactions, the failure of the Department to notify the complainant or respondent in writing of the reasons for not completing an investigation on the allegations set forth in a charge within 100 days shall not deprive the Department of jurisdiction over the charge. Makes corresponding and other changes. House Committee Amendment No. 1 Provides that it is a civil rights violation for a third-party loan modification service provider, because of unlawful discrimination, familial status, or an arrest record, to (1) refuse to engage in loan modification services, (2) alter the terms, conditions, or privileges of such services, or (3) discriminate in making such services available (rather than "to (1) refuse to engage in loan modification services or to discriminate in making such services available, or (2) alter the terms, conditions, or privileges of such services").

Amends the Government Severance Pay Act. Makes a technical change in a Section concerning the short title. Senate Floor Amendment No. 2 Deletes reference to: 5 ILCS 415/1 Adds reference to: 20 ILCS 3305/23 new Replaces everything after the enacting clause. Amends the Illinois Emergency Management Agency Act. Creates the Access and Functional Needs Advisory Committee. Provides that the Advisory Committee shall: (1) research and provide recommendations for identifying and effectively responding to the needs of persons with access and functional needs before, during, and after a disaster using an intersectional lens for equity; (2) provide recommendations to the Illinois Emergency Management Agency regarding how to ensure that persons with a disability are included in disaster strategies and emergency management plans; and (3) review and provide recommendations for the Illinois Emergency Management Agency to integrate access and functional needs into the Illinois Emergency Operations Plan. Provides for appointment and composition of the members of the Advisory Committee. Provides that the initial meeting of the Advisory Committee shall be convened by the Director of the Illinois Emergency Management Agency no later than February 1, 2022. Requires the Illinois Emergency Management Agency to provide administrative support to the Advisory Committee. Requires the Advisory Committee to prepare and deliver a report with specified requirements to the General Assembly, the Governor's Office, and the Illinois Emergency Management Agency by July, 1 2022, and annually thereafter. Provides that the Advisory Committee is dissolved and amendatory provisions are repealed on January 1, 2032. Contains other provisions. Effective immediately. House Floor Amendment No. 1 Replaces references to the Illinois Emergency Operation Plan with references to State and local emergency plans.

Amends the School Code. Provides that a school district shall make menstrual (rather than feminine) hygiene products available, at no cost to students, in each bathroom of every school building (rather than in bathrooms of school buildings). Effective immediately. House Floor Amendment No. 2 Provides that menstrual hygiene products shall be made available in bathrooms of every school building that are open for student use in grades 4 through 12 during the regular school day (rather than in each bathroom of every school building). Fiscal Note, House Floor Amendment No. 2 (IL State Board of Education) HB 156 (H-AM 2) will not have a fiscal impact to the State Board of Education. State Mandates Fiscal Note, House Floor Amendment No. 2 (Dept. of Commerce & Economic Opportunity) This bill does not create a State mandate.

Amends the School Code. Makes changes concerning the adoption of rules by the State Board of Education governing time out and physical restraint in the public schools. Subject to appropriation, requires the State Board to create a grant program for school districts and special education cooperatives and charter schools to implement school-wide, culturally sensitive, and trauma-informed practices, positive behavioral interventions and supports, and restorative practices. Allows the State Board to contract with a third party to provide assistance with oversight and monitoring, and requires the State Board to establish reduction goals and a system of ongoing review, auditing, and monitoring. Makes changes in provisions concerning a school board's use of time out and physical restraint, including providing that isolated time out, time out, and physical restraint may be used only under certain circumstances, prohibiting the deprivation of necessities and prone, mechanical, and chemical restraint, and requiring a meeting with school personnel if requested by the parent or guardian, the provision of information to parents and guardians, and written procedures. Effective immediately. House Floor Amendment No. 2 Adds reference to: 5 ILCS 100/5-45 from Ch. 127, par. 1005-45 Replaces everything after the enacting clause. Reinserts the contents of the bill with the following changes. Provides that the State Board of Education shall adopt rules governing the use of isolated time, time out, and physical restraint in public schools and special education nonpublic facilities (rather than just in public schools). Provides that the State Board shall, by the adoption of emergency rules if it so chooses, create (rather than must create) a grant program for school districts, certain special education nonpublic facilities, and special education cooperatives (rather than for school districts and special education cooperatives and charter schools approved by the State Board). Makes changes concerning the prohibition against the use of prone restraint to allow prone restraint to be used when specified conditions are satisfied. Amends the Illinois Administrative Procedure Act to make a related change. Corrects grammatical errors. Effective immediately. Senate Floor Amendment No. 2 With respect to the grant program, requires the State Board of Education to prioritize grant funding to those school districts, special education nonpublic facilities, and special education cooperatives that submit a plan to achieve a significant reduction or elimination in the use of isolated time out and physical restraint in less than 3 years. In provisions allowing the use of prone restraint if certain conditions are satisfied, allows the use of prone restraint if the use of prone restraint occurs within the 2021- 2022 school year (rather than within the schools years of 2021-2022 and 2022-2023).

Amends various Acts relating to the governance of public schools, public universities, and public community colleges in Illinois. Provides that an employee of a school district, public university, or community college district who has been employed for at least 12 months and who has worked at least 1,000 hours in the previous 12-month period shall be eligible for family and medical leave under the same terms and conditions as leave provided to eligible employees under the federal Family and Medical Leave Act of 1993.

Amends various Acts relating to the governance of public universities and community colleges in Illinois. At least 60 days before the start of a term, requires the governing board of a public university or community college district to notify an adjunct professor about whether a class he or she was hired to teach has been canceled. House Floor Amendment No. 1 Replaces everything after the enacting clause. Amends various Acts relating to the governance of public universities and community colleges in Illinois. At least 30 days before the start of a term and again 14 days before the beginning of a term, requires the governing board of a public university or community college district to notify an adjunct professor about the status of the class the adjunct professor was hired to teach. Requires the governing board to allow adjunct professors to have access to the electronic class roster that displays enrollment to assess the status of class enrollment. Provides that the provisions do not apply if the Governor has declared a disaster due to a public health emergency or a natural disaster under the Illinois Emergency Management Agency Act. Exempts collective bargaining agreements that are in effect on the effective date of the amendatory Act from the provisions. Senate Floor Amendment No. 1 Removes the provisions allowing an adjunct professor to have access to the electronic class roster that displays class enrollment. In the provisions amending the Public Community College Act, provides that at least 30 days before the beginning of a semester or term and again at 14 days before the beginning of the semester or term, a community college must notify an adjunct professor about the status of class enrollment of the class the adjunct professor was assigned to teach (rather than at least 30 days before the beginning of a term and again at 14 days before the beginning of the term, the board of trustees must notify an adjunct professor about the status of class enrollment of the class the adjunct professor was hired to teach).

Amends the Juvenile Court Act of 1987. Relocates a provision regarding special immigrant minors from the Abused, Neglected, or Dependent Minors Article to the General Provisions Article. Amends the Probate Act of 1975. Provides that a petition for guardianship of the person of a minor who is 18 years of age or older, but who has not yet attained 21 years of age, may be filed by a parent, relative, or nonrelative person over the age of 21. Provides that a court making determinations concerning such a petition shall consider the best interest of the minor. Provides that an appointed guardian shall have responsibility for the custody, nurture, and tuition of the minor, and shall have the right to determine the minor's residence based on the minor's best interest. Provides that a minor who is the subject of a petition for guardianship or for extension of guardianship may be referred for psychological, educational, medical, or social services under certain circumstances. Makes other changes. Effective immediately. House Floor Amendment No. 1 Deletes reference to: 755 ILCS 5/11-5.6 new Adds reference to: 755 ILCS 5/11-5.5 Relocates the changes to the Probate Act of 1975 into a Section related to special immigrant minor findings. Provides that with the consent of the minor, the court shall appoint the petitioner as the guardian (rather than "shall appoint a guardian") of the person for a minor who is 18 years of age or older, but who has not yet attained 21 years of age, in connection with a motion for special findings.

Amends the Preventing Sexual Violence in Higher Education Act. Requires each higher education institution to annually conduct a sexual misconduct climate survey of all students at the institution. Provides that each institution's sexual misconduct climate survey shall include the Board of Higher Education's base survey. Requires each institution to compile a summary of the results of the sexual misconduct climate survey and submit the summary to the Board, as well as publish the summary on the institution's website. Creates the Task Force on Campus Sexual Misconduct Climate Surveys to develop and recommend to the Board the base survey for distribution to institutions and to provide the Board with any related recommendations regarding the content, timing, and application of the base survey. Sets forth other requirements concerning the Task Force and the sexual misconduct climate survey. Includes penalty provisions. Effective immediately. Senate Floor Amendment No. 1 Provides that the Board of Higher Education may consult with the Office of the Attorney General, as necessary, during the Board's review of complaints submitted by students regarding specific questions on the survey. With respect to violations of the amendatory provisions, provides that the Board of Higher Education may impose a civil penalty not to exceed $50,000 (rather than $150,000) on an institution of higher education. House Committee Amendment No. 1 Adds 4 members of the General Assembly to the membership of the Task Force.