Rep. Robyn Gabel

Amends the General Provisions and Downstate Firefighter Articles of the Illinois Pension Code. Removes provisions specifying, based on the net assets of the downstate firefighter pension fund, types of investments that a downstate firefighter pension fund may make. Removes certain limitations on the percentage of a downstate firefighter pension fund's net assets that may be invested in certain types of investments. Provides that the board of a firefighter pension fund shall invest funds with the care, skill, prudence, and diligence that a prudent person acting in like capacity and familiar with such matters would use in the conduct of an enterprise of like character with like aims. Makes conforming changes. Effective immediately.

Amends the Public Utilities Act. Makes a technical change in a Section concerning the short title and applicability of the Electric Service Customer Choice and Rate Relief Law of 1997. Senate Floor Amendment No. 2 Deletes reference to: 220 ILCS 5/16-101 Adds reference to: 220 ILCS 5/16-115A 220 ILCS 5/16-115E new 220 ILCS 5/16-118 220 ILCS 5/16-123 220 ILCS 5/19-115 220 ILCS 5/19-116 new 220 ILCS 5/19-130 220 ILCS 5/19-135 220 ILCS 5/20-110 815 ILCS 505/2EE 815 ILCS 505/2DDD Replaces everything after the enacting clause. Amends the Public Utilities Act. Adds additional requirements concerning the obligations of alternative retail electric suppliers and alternative gas suppliers. Provides requirements concerning alternative retail electric and gas supplier utility assistance recipients. Provides additional requirements concerning alternative retail electric and gas supplier utility single billing. Authorizes electric utilities to disclose and furnish specified information to customers concerning supply price and electric power and energy supply rate offers. Provides for additional information concerning electric and gas utilities to be submitted to the Illinois Commerce Commission in specified reports. Provides that the utility electric supply price to compare shall be the sum of the electric supply charge and the transmission services charge and shall not include the purchased electricity adjustment. Amends the Consumer Fraud and Deceptive Business Practices Act. Provides additional requirements concerning alternative retail electric supplier and alternative gas supplier selection and solicitation of services. Makes other changes. Senate Floor Amendment No. 3 In marketing materials, requires the price to compare or utility gas supply cost rate beginning on (rather than on) the effective date of the price to compare. Makes grammatical changes in references to the Low Income Home Energy Assistance Program and the Percentage of Income Payment Plan. Provides that an agreement between an alternative retail electric supplier and a consumer who either received financial assistance in the last 12 months from the Low Income Home Energy Assistance Program or, at the time of enrollment, is participating in the Percentage of Income Payment Plan is void and unenforceable. Requires that alternative gas suppliers submit to the Illinois Commerce Commission and the Office of the Attorney General the rates the retail gas supplier charged to residential customers in the prior year (rather than prior quarter). In provisions requiring alternative gas suppliers to disclose the utility gas supply cost rates per therm price to compare, requires the alternative gas supplier to disclose the date on which the utility gas supply cost rates per therm became effective and the date on which they will expire. Requires that certain written information provided by an alternative retail gas supplier to a customer switching from another supplier shall be provided in a language in which the customer subject to the marketing or solicitation is able to understand and communicate, and the alternative retail gas supplier shall comply with specified provisions of the Consumer Fraud and Deceptive Business Practices Act. Makes changes in provisions concerning alternative retail gas supplier and utility assistance recipients. Makes other changes. House Committee Amendment No. 1 Adds reference to: 220 ILCS 5/16-115 220 ILCS 5/16-115A 220 ILCS 5/16-115B 220 ILCS 5/16-115E new 220 ILCS 5/16-118 220 ILCS 5/16-119 220 ILCS 5/16-123 220 ILCS 5/19-110 220 ILCS 5/19-115 220 ILCS 5/19-116 new 220 ILCS 5/19-120 220 ILCS 5/19-130 220 ILCS 5/19-135 220 ILCS 5/20-110 815 ILCS 505/2EE 815 ILCS 505/2DDD Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with additions and changes. Adds provisions concerning certification of alternative retail electric suppliers and alternative gas suppliers, and provides additional requirements for the granting of a certificate of service authority. Makes changes in provisions concerning the obligations of alternative retail electric suppliers and alternative gas suppliers. Provides additional oversight requirements by the Illinois Commerce Commission of alternative retail electric suppliers and alternative gas suppliers. Makes changes in provisions concerning financial assistance recipients. Provides additional requirements concerning alternative retail electric supplier and alternative gas supplier selection and services. Makes other changes. House Floor Amendment No. 3 In a Section of the Consumer Fraud and Deceptive Business Practices Act relating to alternative retail electric suppliers, limits the disclosure of comparison prices and a related explanatory statement to consumers who are either small commercial retail customers or residential consumer (currently, these disclosures are made to all consumers).

Amends the School Code. With regard to a sex education course, provides that course material and instruction in grades 6 through 12 must include an age-appropriate discussion on the meaning of consent that includes discussion on recognizing that (i) consent is a freely given agreement to sexual activity, (ii) consent to one particular sexual activity does not constitute consent to other types of sexual activities, (iii) a person's lack of verbal or physical resistance or submission resulting from the use or threat of force does not constitute consent, (iv) a person's manner of dress does not constitute consent, (v) a person's consent to past sexual activity does not constitute consent to future sexual activity, (vi) a person's consent to engage in sexual activity with one person does not constitute consent to engage in sexual activity with another person, (vii) a person can withdraw consent at any time, and (viii) a person cannot consent to sexual activity if that person is unable to understand the nature of the activity or give knowing consent due to certain circumstances. Removes a provision requiring material and instruction to include, with an emphasis on workplace environment and life on a college campus, discussion on what constitutes sexual consent. Makes other changes concerning the course material and instruction.

Amends the Counties Code, the Illinois Municipal Code, Illinois Insurance Code, the Health Maintenance Organization Act, and the Illinois Public Aid Code. In provisions concerning coverage for mammograms, provides that coverage shall also include a diagnostic mammogram when medically necessary, as determined by a physician licensed to practice medicine in all its branches, advanced practice registered nurse, or physician assistant. Makes changes to coverage for a comprehensive ultrasound screening and MRI. Effective immediately. Senate Floor Amendment No. 1 Provides that if an insurance policy or medical assistance coverage includes mammogram coverage, the coverage shall not impose a deductible, coinsurance, copayment, or any other cost-sharing requirement on the coverage provided. Exempts coverage of diagnostic mammograms to the extent such coverage would disqualify a high-deductible health plan from eligibility for a health savings account. Defines "diagnostic mammogram" and "diagnostic mammography". Corrects a typographical error. House Floor Amendment No. 1 Changes the immediate effective date to January 1, 2020.

Amends the Illinois Public Aid Code. Provides that, for recipients of public aid who are required to comply with the terms of a service plan developed by the Department of Children and Family Services, participation in substance abuse treatment, drug testing, parenting classes, anger management, domestic violence counseling, evaluations, or any other activities specified in the service plan shall count as an approvable job search activity under TANF employment, education, and training programs; the SNAP Employment and Training Program; and any job search, training, and work programs authorized under Article IX of the Code. Requires the Department of Human Services to apply for any federal waivers or approvals necessary to implement the job search exemption. Senate Committee Amendment No. 1 Deletes reference to: 305 ILCS 5/9-6 305 ILCS 5/9A-9.1 new 305 ILCS 5/12-4.52 new Adds reference to: 5 ILCS 375/6.11 55 ILCS 5/5-1069.3 65 ILCS 5/10-4-2.3 105 ILCS 5/10-22.3f 215 ILCS 5/356z.33 new 215 ILCS 125/5-3 from Ch. 111 1/2, par. 1411.2 305 ILCS 5/5-5.23 305 ILCS 5/5-36 new 305 ILCS 5/5-37 new 305 ILCS 5/5-38 new Replaces everything after the enacting clause. Provides that the Act may be referred to as the Children and Young Adult Mental Health Crisis Act. Amends the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services to restructure the Family Support Program (Program) to: to enable early treatment of youth, emerging adults, and transition-age adults, as defined, with a serious mental illness or serious emotional disturbance. Contains provisions on the new hallmarks of the Program; federal Medicaid matching dollars; and other matters. Amends the Illinois Insurance Code. Requires a group or individual policy of accident and health insurance, or managed care plan, that is amended, delivered, issued, or renewed after December 31, 2020 for the purpose of early treatment of a serious mental illness in a child or young adult under age 26 to provide coverage for: (i) coordinated specialty care for first episode psychosis treatment and (ii) assertive community treatment and community support team treatment. Contains provisions concerning adherence to the clinical models; mental health professionals; service payments; and other matters. Makes conforming changes to other Acts. Effective immediately. Senate Floor Amendment No. 2 In a provision requiring the Department of Human Services to consult with a working group of psychiatric hospitals and other specified stakeholders when establishing a process to notify and educate eligible persons about the Family Support Program and the Specialized Family Support Program, expands the composition of the working group to include a statewide association representing a majority of hospitals. Makes the amendatory Act effective January 1, 2020 (rather than immediately).

Amends the Mental Health and Developmental Disabilities Code. Permits an advanced practice psychiatric nurse to order restraints or seclusion for a recipient of treatment. Provides that an advanced practice psychiatric nurse may examine a respondent and execute a certificate which states that the respondent is subject to involuntary admission on an inpatient basis and requires immediate hospitalization. Defines "advanced practice psychiatric nurse" as a nurse who is licensed to practice as an advanced practice registered nurse under the Nurse Practice Act and has been certified by the American Nurses Credentialing Center as a psychiatric mental health clinical nurse specialist or a psychiatric mental health nurse practitioner. House Floor Amendment No. 1 Replaces everything after the enacting clause and reinserts the provisions of the engrossed bill with the following change: Provides that as soon as possible but not later than 24 hours, excluding Saturdays, Sundays and holidays, after emergency admission of a respondent to a mental health facility on an inpatient basis, the respondent shall be personally examined (rather than examined) by a psychiatrist. Provides that for the purpose of this provision, a personal examination includes an examination performed in real time (synchronous examination) via an Interactive Telecommunication System as defined in the Illinois Administrative Code. Provides that an examination via an Interactive Telecommunication System may only be used for certification under this Section when a psychiatrist is not on-site within the time period set forth in this Section. If the examination is performed via an Interactive Communication System, that fact shall be noted on the certificate.

Amends the Abused and Neglected Child Reporting Act. Provides that any report received by the Department of Children and Family Services alleging the abuse or neglect of a child by a person who is not the child's parent, a member of the child's immediate family, a person responsible for the child's welfare, an individual residing in the same home as the child, or a paramour of the child's parent shall immediately be referred to the appropriate local enforcement agency and State's Attorney for consideration of criminal investigation or other action. House Floor Amendment No. 1 Removes language requiring the Department of Children and Family Services to refer to the State's Attorney any report alleging the abuse or neglect of a child by a person who is not the child's parent, a member of the child's immediate family, a person responsible for the child's welfare, an individual residing in the same home as the child, or a paramour of the child's parent.

Amends the Environmental Protection Act. Prohibits the manufacture, distribution, or use of paper containing bisphenol A for the making of business or banking records. Requires paper manufacturers to, among other things, replace bisphenol A with an alternative chemical. Requires the Environmental Protection Agency to gather and certify certain information about alternative chemicals. Requires the Agency to convene an Advisory Committee on Least Toxic Alternatives to Bisphenol A. Sets forth requirements that apply to members of the Committee. Delays the applicability of the prohibitions on the manufacture, distribution, and use of paper containing bisphenol A for the making of business or banking records if the United States Environmental Protection Agency has not identified a safe, commercially available alternative to bisphenol A prior to the effective date of the amendatory Act. Effective immediately. Senate Committee Amendment No. 1 Deletes reference to: 415 ILCS 5/42 from Ch. 111 1/2, par. 1042 415 ILCS 5/44 from Ch. 111 1/2, par. 1044 Replaces everything after the enacting clause. Amends the Environmental Protection Act. Provides that beginning January 1, 2020, no person shall manufacture thermal paper. Provides that no person shall distribute or use any thermal paper for the making of business or banking records. Effective immediately.

Creates the Uniform Partition of Heirs Property Act. Defines terms. Provides for: applicability; relation to other law; service; notice by posting; commissioners; determination of value; cotenant buyout; partition alternatives; considerations for partition in kind; open-market sale, sealed bids, or auction; and report of open-market sale. Makes conforming changes in the Code of Civil Procedure. Effective immediately. Senate Floor Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following changes: Changes the definition of "heirs property" and "partition by sale". Defines "fair market value". Provides that if the court determines that the evidentiary value of an appraisal is outweighed by the cost of the appraisal, the court shall order the plaintiff to send notice (rather than the court shall send notice) to the parties of the fair market value of the property. Provides that if an appraisal is conducted, not later than 10 days after the appraisal is filed, the court shall order the plaintiff to send notice (rather than the court shall send notice) to each party with a known address. Provides that after a hearing to determine the fair market value of the property, the court shall order the plaintiff to send notice to all of the parties of the value and a cotenant's buyout rights (rather than the court shall send notice to the parties of the value). Provides that after the determination of the value, the court shall order the plaintiff to send notice (rather than the court shall send notice) to the parties that any cotenant may buy all the interests of the cotenants that requested partition by sale. Provides that after the expiration period, if no cotenant elects to buy all the interests of the cotenants that requested partition by sale, the court shall order the plaintiff to send notice (rather than the court shall send notice) to all the parties of that fact and resolve the partition. Provides that cotenants must pay their apportioned price to the clerk of court or as otherwise ordered by the court (rather than into the court). Provides that if one or more, but not all, of the electing cotenants fail to pay their apportioned price on time, the court shall order the plaintiff to give notice (rather than the court shall give notice) to the electing cotenants that paid their apportioned price of the interest remaining and the price for all that interest. Provides that the court, in determining whether partition in kind would result in manifest prejudice to the cotenants as a group, shall consider the tax consequences. Provides that if the court orders partition in kind, the court shall allocate to the cotenants that are unknown, unlocatable, or the subject of a default judgment, if their interests were not brought, a party of the property representing the combined interests of those cotenants as determined by the court. Provides that the court shall apportion the costs of the proceedings for the partition of heirs property among the parties in interest in the action, as the court deems just and equitable. Effective immediately. House Committee Amendment No. 1 Deletes reference to: New Act 735 ILCS 5/17-101 from Ch. 110, par. 17-101 735 ILCS 5/17-102 from Ch. 110, par. 17-102 735 ILCS 5/17-105 from Ch. 110, par. 17-105 735 ILCS 5/17-106 from Ch. 110, par. 17-106 Adds reference to: 775 ILCS 5/3-102.5 new Replaces everything after the enacting clause. Amends the Illinois Human Rights Act. Provides that it is a civil rights violation to refuse to, due to the fact of an arrest, juvenile record, or criminal history record information ordered expunged, sealed, or impounded: sell or rent or otherwise make unavailable or deny a housing accommodation or dwelling to any buyer or renter; or alter the terms, conditions, or privileges of the sale or rental of a housing accommodation or dwelling or the provision of services or facilities in connection with such housing accommodation. Provides that the prohibition against the use of an arrest record shall not preclude an owner or any other person engaging in a real estate transaction from prohibiting the tenant, a member of the tenant's household, or a guest of the tenant from engaging in unlawful activity on the premises. Effective immediately. House Floor Amendment No. 3 Adds reference to: 775 ILCS 5/1-103 from Ch. 68, par. 1-103 775 ILCS 5/2-103 from Ch. 68, par. 2-103 775 ILCS 5/3-102 from Ch. 68, par. 3-102 775 ILCS 5/3-106 from Ch. 68, par. 3-106 Replaces everything after the enacting clause. Amends the Illinois Human Rights Act. Provides that it is a civil rights violation for an owner or any other person engaging in a real estate transaction, because of an arrest record to: refuse to engage in a real estate transaction with a person or to discriminate in making available such a transaction; alter the terms, conditions, or privileges of a real estate transaction or in the furnishing of facilities or services in connection therewith; refuse to receive or to fail to transmit a bona fide offer to engage in a real estate transaction from a person; refuse to negotiate for a real estate transaction with a person; represent a person that real property is not available for inspection, sale, rental, or lease when in fact it is so available, or fail to bring a property listing to his or her attention, or to refuse to permit him or her to inspect real property; make, print, circulate, post, mail, publish, or cause to made, printed, circulated, posted, mailed, or published, any notice, statement, advertisement, or sign, or use a form of application for a real estate transaction, or make a record or inquiry in connection with a prospective real estate transaction, that indicates any preference, limitation, or discrimination based on an arrest record, or any intention to make any such preference, limitation, or discrimination; or offer, solicit, accept, use, or retain a listing of real property with knowledge that unlawful discrimination or discrimination on the basis of an arrest record in a real estate transaction is intended. Provides that the prohibition against the use of an arrest record shall not preclude an owner or any other person engaging in a real estate transaction from prohibiting the tenant, a member of the tenant's household, or a guest of the tenant from engaging in unlawful activity on the premises. Makes conforming changes. Effective January 1, 2020.

Amends the Property Tax Code. Provides that a person who has been granted a senior citizens homestead exemption need not reapply for the exemption. Effective immediately. House Committee Amendment No. 2 Adds reference to: 35 ILCS 200/9-275 Replaces everything after the enacting clause. Amends the Property Tax Code. Provides that, in a county with 3,000,000 or more inhabitants, for taxable years 2020 through 2024, a taxpayer who has been granted a senior citizens homestead exemption need not reapply (currently, the taxpayer must reapply annually). Provides that, if the property ceases to be qualified for that exemption in any year for which a reapplication is not required, then the owner of record of the property shall notify the chief county assessment officer that the property is no longer qualified. Provides that the chief county assessment officer shall enter into intergovernmental agreements with the county clerk of his or her county and the Department of Public Health, as well as any other appropriate governmental agency, to obtain information that documents the death of a taxpayer who has been granted a senior citizens homestead exemption. Makes conforming changes in provisions concerning erroneous homestead exemptions. Effective immediately.