Rep. Robyn Gabel

Amends the Mental Health and Developmental Disabilities Code. Provides that a person admitted to a developmental disability facility and receiving habilitation shall have access to sex education, related resources, and treatment planning that supports his or her right to sexual health and healthy sexual practices and to be free from sexual exploitation and abuse. Provides that the person receiving habilitation shall be assessed: (1) on whether he or she has decision making capacity to give consent to sexual activity and (2) for developmentally appropriate sex education materials and resources. Provides that as part of the assessments, consideration shall be given to medical, psychological, and psycho-social evaluations. Provides that the person's decision making capacity to consent to sexual activity and the developmentally appropriate sex education materials and resources shall be determined by the treatment team that includes the individual, professionals who have knowledge of the individual, and the individual's guardian, if appointed. Guardian decision making shall be made in accordance with the court order of appointment and the standards of decision making established by the Probate Act of 1975. Provides that the Department of Human Services shall approve course material in sex education. Establishes standards for the course materials and instruction. Defines "healthy sexual practices". Fiscal Note (Dept. of Human Services) Minimal fiscal impact exists for the Department of Human Services. These services are already within the scope of services provided at the developmental disability facilities. State Mandates Fiscal Note (Dept. of Commerce & Economic Opportunity) This bill does create a State Mandate.

Amends the Illinois Public Aid Code. Requires the Illinois Student Assistance Commission (ISAC) to identify and flag college students who are potentially eligible to receive Supplemental Nutrition Assistance Program (SNAP) benefits. Provides that the factors to be used to determine potential SNAP eligibility shall be prescribed by ISAC in consultation with the Department of Human Services, but at a minimum shall include income information reported on a college student's Free Application for Federal Student Aid. Requires ISAC, in consultation with the Department of Human Services, to develop a notice that ISAC shall make available electronically to institutions of higher education that includes, at a minimum, college student SNAP eligibility criteria, the Application for Benefits Eligibility's website address, and the Illinois Hunger Coalition's Hunger Hotline. Requires Illinois institutions of higher education that participate in the Monetary Award Program to provide the notice in writing to all students who are enrolled or accepted for enrollment and are identified by ISAC as potentially SNAP eligible. Requires ISAC to adopt rules. Effective immediately. Senate Committee Amendment No. 1 Adds reference to: 305 ILCS 5/12-4.13b Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill, but with the following changes and additions: Provides that the Department of Human Services shall consult with the Illinois Workforce Innovation Board (rather than with the Illinois Workforce Investment Board) to establish a protocol to identify and verify all potential exemptions to certain federal eligibility rules under the Supplemental Nutrition Assistance Program (SNAP). Provides that a career and technical educational program approved by the Illinois Community College Board that could be a component of a SNAP Employment and Training (E&T) program, as identified by the Department of Human Services, shall be considered an employment and training program under a specified provision of the Code of Federal Regulations, unless prohibited by federal law. In provisions requiring the Illinois Student Assistance Commission (ISAC) to adopt rules concerning SNAP eligibility notifications to college students, requires ISAC to adopt the rules on or before October 1, 2020 (rather than on or before October 1, 2019). Effective immediately. House Committee Amendment No. 1 Requires the Illinois Student Assistance Commission (ISAC) to annually include information about the Supplemental Nutrition Assistance Program (SNAP) in the language that schools are required to provide to students eligible for the Monetary Award Program grant (rather than requiring ISAC to identify and flag college students who are potentially eligible to receive SNAP benefits). Provides that the language shall, at a minimum, direct students to information about college student eligibility criteria for SNAP, and direct students to the Department of Human Services and to the Illinois Hunger Coalition's Hunger Hotline for additional information. Requires Illinois institutions of higher education that participate in the Monetary Award Program (MAP) to provide the notice to all students who are enrolled, or who are accepted for enrollment and intending to enroll, and who have been identified by ISAC as MAP-eligible at the institution (rather than requiring ISAC to develop, in consultation with the Department of Human Services, an electronic notice for institutions of higher education that includes, at a minimum, college student SNAP eligibility criteria, the Application for Benefits Eligibility's website address, and the Illinois Hunger Coalition's Hunger Hotline).

Amends the State Employees Group Insurance Act of 1971, Illinois Insurance Code, and the Illinois Public Aid Code. Provides that pasteurized donated human breast milk shall be covered under health insurance and the medical assistance program under the Illinois Public Aid Code. Describes the requirements that must be met to have pasteurized human breast milk covered under health insurance and the medical assistance program. Effective January 1, 2020. House Committee Amendment No. 1 Provides that one of the requirements to have coverage of pasteurized donated human breast milk is that the milk is obtained from a human milk bank licensed by the Department of Public Health (rather than the milk is obtained from a human milk bank that meets quality guidelines established by the Human Breast Milk Banking Association of North America, or that is licensed by the Department of Public Health). Senate Committee Amendment No. 1 Replaces everything after the enacting clause with the engrossed bill with the following changes. Provides that all of the following conditions must be met for the donated human breast milk to be covered: the milk is obtained from a human milk bank that is licensed by the Department of Public Health; the infant is critically ill and the infant's mother is medically or physically unable to produce maternal breast milk or produce maternal breast milk in sufficient quantities to meet the infant's needs or the maternal breast milk is contraindicated; the milk has been determined to be medically necessary for the infant; and one or more of the following applies: the infant's birth weight is below 1,500 grams, the infant has a congenital or acquired condition that places the infant at a high risk for development of necrotizing enterocolitis, the infant has infant hypoglycemia, the infant has congenital heart disease, the infant has had or will have an organ transplant, the infant has sepsis, or the infant has any other serious congenital or acquired condition for which the use of donated human breast milk is medically necessary and supports the treatment and recovery of the infant. Effective January 1, 2020. Senate Floor Amendment No. 3 Replaces everything after the enacting clause with the bill, as amended by Senate Amendment No. 1, with the following changes. Provides that the milk must be prescribed by a licensed medical practitioner (instead of a physician). Provides that milk must be obtained from a human milk bank that meets quality guidelines established by the Human Milk Banking Association of North America or is licensed by the Department of Public Health (rather than licensed by the Department of Public Health). Removes a requirement that the infant must be critically ill. Adds provisions requiring coverage for a child 6 months through 12 months of age if the child would qualify if he or she was under the age of 6 months and the child has spinal muscular atrophy; the child's birth weight was below 1,500 grams and he or she has long-term feeding or gastrointestinal complications related to prematurity; the child has had or will have an organ transplant; or the child has a congenital or acquired condition for which the use of donated human breast milk is medically necessary and supports the treatment and recovery of the child. In the Public Aid Code, adds provisions requiring coverage for a child 12 months of age or older if the child would qualify if he or she was under the age of 6 months and has spinal muscular atrophy. Makes other changes. Effective January 1, 2020.

Amends the Medical Patient Rights Act. Provides that every woman has certain rights with regard to pregnancy and childbirth, including the right to receive care that is consistent with current scientific evidence about benefits and risks, the right to choose her birth setting, the right to be provided with certain information, and the right to be treated with respect at all times before, during, and after pregnancy by her health care professionals and to have a health care professional that is culturally competent and treats her appropriately regardless of her ethnicity, sexual orientation, or religious background. Requires the Department of Public Health, Department of Healthcare and Family Services, Department of Children and Family Services, and Department of Human Services to post information about these rights on their publicly available websites. Requires every health care provider, day care center, Head Start, and community center to post information about these rights in a prominent place and on their websites, if applicable. Requires the Department of Public Health to adopt rules to implement the provisions. Effective immediately. Fiscal Note (Dept. of Public Health) HB 2 would not pose any fiscal cost aside from standard staff time with the rulemaking. The cost would be negligible. Senate Floor Amendment No. 1 Replaces everything after the enacting clause with the provisions of the engrossed bill with the following changes: Removes language regarding a woman's rights to receive maternity care regarding social and behavioral factors, to receive continuous social, emotional, and physical support during labor and birth, and to receive full advance information about specified risks and benefits. Provides that a woman has the right to a certified nurse midwife as her maternity care professional and to examine and receive an explanation of her total bill for services rendered. Specifies that nothing in the provisions or any rules adopted under them shall be construed to require a physician, health care professional, hospital, hospital affiliate, or health care provider to provide care inconsistent with generally accepted medical standards or available capabilities or resources. Makes other changes. Effective January 1, 2020 (rather than immediately).

Amends the Illinois Insurance Code. Requires an individual or group policy of accident and health insurance or managed care organization that provides mental health benefits to provide reimbursement for benefits that are delivered through the psychiatric Collaborative Care Model. Provides that an individual or group policy of accident and health insurance or managed care organization that provides mental health benefits may deny reimbursement of any current procedural terminology code listed on the grounds of medical necessity if medical necessity determinations are in compliance with federal law and related regulations. Makes conforming changes to the Illinois Public Aid Code. Effective immediately. Senate Floor Amendment No. 1 Replaces the definition of "psychiatric Collaborative Care Model" with language providing that the term means the evidence-based, integrated behavioral health service delivery method, which includes a formal collaborative arrangement among a primary care team consisting of a primary care provider, a care manager, and a psychiatric consultant, and includes, but is not limited to, the following elements: care directed by the primary care team; structured care management; regular assessments of clinical status using validated tools; and modification of treatment as appropriate. House Floor Amendment No. 1 Changes the immediate effective date to January 1, 2020.

Amends the Evidence Article of the Code of Civil Procedure. Provides that evidence of a person's immigration status is not admissible in any civil proceeding unless: it is essential to prove an element of a claim or an affirmative defense; or a person or his or her attorney voluntarily reveals his or her immigration status to the court. Provides that a party intending to offer evidence regarding a person's immigration status shall file a written motion at least 14 days before trial. Provides that the court shall conduct an in camera hearing to review the probative value of the person's immigration status. Provides that if the court finds that the probative value of the person's immigration status outweighs its prejudicial nature, the court shall make findings of fact and conclusions of law regarding the permitted use of the evidence. Provides that the motion, related papers, and the record of the hearing shall be sealed and remain under seal unless the court orders otherwise. Provides that a party who communicates to a person or witness any threat to or actually disclose a person's or witness's immigration status to any entity or immigration or law enforcement agency with the intent to deter the person from testifying commits a Class C misdemeanor. Senate Floor Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill and makes the following changes: Provides that evidence is also admissible if it is offered to prove an interest or bias of a witness, if it does not cause confusion of the issues or mislead the trier of fact, and the probative value of the evidence outweighs its prejudicial nature. Provides that a party intending to offer evidence related to a person's immigration status shall file a written motion that also explains why it is essential to a claim or affirmative defense or is probative of an interest or bias of a witness, it does not cause confusion of the issues or mislead the trier of fact, and the probative value of the evidence outweighs its prejudicial nature. Makes a corresponding change regarding findings of fact and conclusions of law the court must make regarding the permitted use of the evidence. Senate Floor Amendment No. 2 Deletes language providing that a written motion shall explain why it is essential to a claim or affirmative defense or is probative of an interest or bias of a witness.

Creates the Student Online Personal Protection Act of 2019. Provides for legislative intent and definitions. Provides for operator prohibitions, operator duties, school authority prohibitions, school authority duties, State Board of Education duties, and parent rights. Creates the Student Data Protection Oversight Committee and provides for the Committee's membership and support. Requires the Committee to submit an annual report to the General Assembly and the State Board of Education with recommendations, if any, for policy revisions and legislative amendments that would carry out the intent of the Act. Amends the Illinois School Student Records Act. Adds a definition of record. Requires written consent of a student's parent to publish student directories that list student names, addresses, and other identifying information and similar publications. Amends the Consumer Fraud and Deceptive Business Practices Act to make a conforming change. Repeals the Student Online Personal Protection Act. Effective immediately. House Floor Amendment No. 3 Deletes reference to: New Act 105 ILCS 10/2 105 ILCS 10/6 105 ILCS 85/Act rep. 815 ILCS 505/2Z Adds reference to: 105 ILCS 85/5 105 ILCS 85/10 105 ILCS 85/15 105 ILCS 85/26 new 105 ILCS 85/27 new 105 ILCS 85/28 new 105 ILCS 85/33 new Replaces everything after the enacting clause. Amends the Student Online Personal Protection Act. Defines "breach", "longitudinal data system", "parent", and "student". Adds to an operator's duties. Provides for school prohibitions and duties and the State Board of Education's duties. Provides for parent and student rights. Makes other changes. Effective July 1, 2021. Senate Committee Amendment No. 1 Adds reference to: 105 ILCS 85/30 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Changes the definition of "breach". Adds and makes changes to an operator's duties and a school's duties. Provides that at least once (rather than twice) annually, the State Board of Education must publish and maintain on its website a list of all of the entities or individuals that the State Board contracts with or has agreements with and that hold covered information and a copy of each contract or agreement. Provides that the Student Online Personal Protection Act does not prohibit an operator or school from producing and distributing, free or for consideration, student class photos and yearbooks to the school, students, parents, or individuals authorized by parents and to no others, in accordance with the terms of a written agreement between the operator and the school. Effective July 1, 2021. Senate Floor Amendment No. 3 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill as amended by Senate Amendment No. 1 with the following changes. Provides that certain information that is required to be posted on a school's website must be made available at a school's administrative office for inspection by the general public if the school does not maintain a website. Provides that a school may omit from its list of breaches of covered information any breach in which the date, estimated date, or estimated date range in which it occurred is earlier than July 1, 2021 or any breach previously posted on a list no more than 5 years prior to the school updating the current list. Provides that a notice of breach may be delayed if an appropriate law enforcement agency determines that the notification will interfere with a criminal investigation and provides the school with a written request for a delay of notice. Allows the State Board of Education to share, transfer, disclose, or provide covered information to its employees or officials acting within their official capacity. Removes a provision stating that a student's covered information is the sole property of the student's parent. Makes changes to a parent's and student's rights. Makes other changes. Effective July 1, 2021.

Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Requires the Department of Public Health to ensure that those who draw blood from children and adults with intellectual and developmental disabilities are trained, at least once every 3 years, in the most current method of drawing blood from children and adults with developmental and intellectual disabilities. Provides that the training shall focus on drawing blood in a safe manner that is as comfortable as possible. Requires the Department to ensure that those facilities and providers review their training program at least once within each 3-year period to ensure that the training includes the most current methods available of drawing blood from children and adults with intellectual and developmental disabilities that is safe and comfortable for them and their families. Requires the Department to ensure that by July 1, 2020 all medical facilities are equipped to draw blood from children and adults with intellectual and developmental disabilities using finger-prick equipment, hemoglobin testing equipment, and all other related equipment that can be adapted to serve patients with intellectual and developmental disabilities. Senate Floor Amendment No. 2 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 shall develop and make available training materials that ensure that all phlebotomists are trained in the most current methods of drawing blood from children and adults with intellectual and developmental disabilities. Provides that the materials shall conform to the best available practices used for drawing blood in a safe manner that is as comfortable as possible for the individual from whom blood is drawn and for the families, guardians, caretakers, or companions of the individual accompanying him or her while blood is drawn. Provides that the Department shall review the materials every 3 years to ensure that they conform with the best available practices. Provides that the Department shall ensure that health care providers and laboratories that employ a phlebotomist incorporate the training as part of a phlebotomist's initial employment training and as part of any ongoing training to maintain competencies and certifications as a phlebotomist. Defines "phlebotomist". House Floor Amendment No. 1 Removes language requiring the Department to develop training materials. House Floor Amendment No. 2 Defines "phlebotomist" as a person specifically trained to draw blood for diagnostic purposes in a health care setting (rather than a person who is certified to draw blood for diagnostic testing, transfusion, research, or blood donation). Exempts nonprofit blood banks or the affiliated laboratories of nonprofit blood banks from the provisions.

Amends the Illinois Municipal Code and the Fire Protection District Act. Creates a hiring preference of up to 20 points for a person who has performed fire suppression service for a department as a firefighter apprentice and otherwise meets the qualifications for original appointment as a firefighter. Requires the firefighter to have completed a minimum of 600 hours of specified fire suppression work in order to be considered for the preference. Provides that the Joint Apprenticeship Committee shall evaluate the merit of the applicant's performance and determine the preference points to be awarded. Modifies how preferences are computed after addition of the apprentice preference. Effective immediately. House Committee Amendment No. 1 In the provisions amending the Civil Services in Cities Division of the Illinois Municipal Code, makes the granting of a hiring preference permissive rather than mandatory for a person who has performed fire suppression service for a department as a firefighter apprentice and otherwise meets the qualifications for original appointment as a firefighter. Makes grammatical changes. Senate Committee Amendment No. 1 In the provisions amending the Board of Fire and Police Commissioners Division of the Illinois Municipal Code and the Fire Protection District Act, makes the granting of a hiring preference permissive rather than mandatory for a person who has performed fire suppression service for a department as a firefighter apprentice and otherwise meet the qualifications for original appointment as a firefighter.

Creates the Immigrant Tenant Protection Act. Defines terms. Provides that, with exceptions, a landlord shall not: (1) threaten to disclose or actually disclose information regarding or relating to the immigration or citizenship status of a tenant to any person, entity, or any immigration or law enforcement agency with the intent of harassing or intimidating the tenant, retaliating against the tenant for exercising his or her rights, or influencing the tenant to surrender possession; or (2) bring an action to recover possession of a dwelling unit based solely or in part on the immigration or citizenship status of a tenant. Provides that the Act does not enlarge or diminish a landlord's right to terminate a tenancy pursuant to existing State or local law; nor does the Act enlarge or diminish any ability of local government to regulate or enforce a prohibition against a landlord's harassment of a tenant. Provides that waiver of a right under the Act by a tenant is void as a matter of public policy. Provides remedies. Provides that in a civil action involving a tenant's or occupant's housing rights, no inquiry shall be permitted into the tenant's or occupant's immigration or citizenship status, with exceptions. Amends the Eviction Article of the Code of Civil Procedure. Provides that, subject to specified conditions, it is an affirmative defense to an eviction that a landlord engaged in conduct on the basis of immigration status of the tenant. Amends the Mobile Home Landlord and Tenant Rights Act. Provides that an eviction order may not be entered against a tenant as a reprisal for or on the basis of the tenant's immigration or citizenship status. Effective immediately.