Rep. Lindsey LaPointe

Amends the Code of Criminal Procedure of 1963. Provides that in a prosecution for a criminal offense defined in the Sex Offense Article of the Criminal Code of 1961 or the Criminal Code of 2012 or for criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, or aggravated criminal sexual abuse when the alleged victim of the offense was under 18 years of age at the time of the offense, the court may exclude from the proceedings while the victim is testifying, regardless of the alleged victim's age at the time of the victim's courtroom testimony, all persons, who, in the opinion of the court, do not have a direct interest in the case, except the media. Effective immediately. Senate Committee Amendment No. 1 Provides that for the purposes of excluding disinterested parties, the court shall enter its finding that parties are disinterested and the basis for that finding into the record. House Floor Amendment No. 3 Provides that when the court publishes to the trier of fact videos, photographs, or any depiction of a minor under 18 years of age engaged in a sex act, the court may exclude from the proceedings all persons, who in the opinion of the court, do not have a direct interest in the case, except the media.

Creates the Music Therapy Licensing and Practice Act. Provides for licensure of professional music therapists and clinical music therapists by the Department of Financial and Professional Regulation. Establishes the Music Therapy Advisory Committee. Establishes the powers and duties of the advisory committee, including advising the Department on all matters pertaining to licensure, education, and continuing education requirements for licensees. Establishes the powers and duties of the Department, including prescribing rules defining what constitutes an appropriate curriculum for music therapy, reviewing the qualifications of applicants for licenses, investigating alleged violations of the Act, conducting hearings on disciplinary and other matters, and establishing a schedule of fees for the administration and enforcement of the Act. Establishes qualifications for licensure as a professional music therapist and clinical music therapist. Establishes grounds for discipline of a license. Provides for civil and criminal penalties for violations of the Act. Creates provisions concerning formal hearings, including transcripts of proceedings, appointment of hearing officers, subpoenas and depositions, and rehearings. Provides for judicial review of all final administrative decisions of the Department. Preempts home rule. Effective immediately. Senate Committee Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: Removes all references to licensed clinical music therapists. Changes references to the "Music Therapy Advisory Committee" and "Advisory Committee" to "Music Therapy Advisory Board" and "Advisory Board". Changes the definition of "music therapy". Adds provisions concerning applicants' and licensees' addresses of record and email addresses of record. Makes changes concerning composition and powers and duties of the Music Therapy Advisory Board. Makes changes in provisions concerning exemptions from the Act, collaboration with audiologists and speech-language pathologists, the practice of psychotherapy by licensed music therapists, the powers and duties of the Department of Financial and Professional Regulation, qualifications for licensure, license renewal, grounds for discipline, violations, investigations, hearings, and findings. Removes provisions concerning restrictions and limitations. Makes other changes. Effective immediately. Senate Floor Amendment No. 3 Replaces everything after the enacting clause. Reinserts the provisions of Senate Amendment No. 2 with the following changes. Provides that "music therapy intervention" as defined occurs during a therapist-client relationship and includes collaborating with and educating the client and the family, caregiver of the client, or any other appropriate person regarding the needs of the client that are being addressed in music therapy and the manner in which the music therapy treatment addresses those needs in compliance with state and federal law. Provides that the Music Therapy Advisory Board shall advise the Department of Financial and Professional Regulation on all matters pertaining to disciplinary actions for practice of music therapy in the State. Removes a provision that provides that nothing in the Act may be construed to prohibit the practice of a person whose training and national certification attests to the individual's preparation and ability to practice the individual's certified profession or occupation. Provides that the Secretary of Financial and Professional Regulation shall issue a license to an applicant for a professional music therapist license if the applicant is of good moral character. Provides that in determining moral character under the provisions of qualifications for licensure, the Department may take into consideration whether the applicant has engaged in conduct which would constitute grounds for discipline under the Act. Removes as a ground for discipline the failure to file a return, or to pay the tax, penalty, or interest shown in a filed return, or to pay any final assessment of tax, penalty, or interest, as required by a tax Act administered by the Department of Revenue. Adds that whenever the Secretary believes substantial justice (rather than only justice) has not been done in the revocation, suspension, or refusal to issue or renew a license or the discipline of a licensee, the Secretary may order a rehearing. Removes provisions concerning: the suspension of a license for failure to pay restitution; the surrender of a license; and any conflict with the Act and any other law. Makes other and conforming changes. House Floor Amendment No. 1 Adds reference to: 5 ILCS 80/4.38 Repeals the Music Therapy Licensing and Practice Act on January 1, 2028.

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 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 Property Tax Code. Provides that the chief county assessment officer in a county of more than 3,000,000 residents, and in any other county where the county board has authorized such action by ordinance or resolution, may automatically renew the homestead exemption for persons with disabilities without application for any person who applied for the exemption and presented a Disability Identification Card stating that the claimant is under a Class 2 disability. Senate Committee Amendment No. 1 Adds provisions to the introduced bill providing that an applicant for the homestead exemption for persons with disabilities may be examined by an optometrist if the person qualifies because of a visual disability. Provides that provisions of the introduced bill concerning automatic renewal (i) apply for taxable years 2021 through 2026 and (ii) apply if the person presents proof of eligibility (in the introduced bill, a Disability Identification Card stating that the claimant is under a Class 2 disability). Provides that the chief county assessment officer shall not automatically renew the homestead exemption for persons with disabilities if the physician, advanced practice registered nurse, optometrist, or physician assistant who examined the claimant determined that the disability is not expected to continue for 12 months or more. House Committee Amendment No. 3 Adds reference to: 20 ILCS 2505/2505-805 new 35 ILCS 200/9-275 35 ILCS 200/15-10 35 ILCS 200/15-169 35 ILCS 200/15-170 35 ILCS 200/15-172 35 ILCS 200/15-175 35 ILCS 200/18-185 35 ILCS 200/18-190.7 new 105 ILCS 5/17-1.3 new 105 ILCS 5/17-2A from Ch. 122, par. 17-2A 320 ILCS 30/3 from Ch. 67 1/2, par. 453 Replaces everything after the enacting clause. Amends the Property Tax Extension Limitation Law in the Property Tax Code. Provides that, for levy years 2022 and later, the taxing district's aggregate extension base is the greater of (A) the district's last preceding aggregate extension limit or (B) the district's last preceding aggregate extension, subject to certain adjustments. Provides that the term "aggregate extension limit" means the district's last preceding aggregate extension if the taxing district had utilized the maximum limiting rate permitted without referendum for each of the 5 immediately preceding levy years. Provides that the maximum reduction under the General Homestead Exemption is $10,000 in counties with 3,000,000 or more inhabitants and counties that are contiguous to a county of 3,000,000 or more inhabitants and $6,000 in all other counties (currently, $10,000 in counties with 3,000,000 or more inhabitants and $6,000 in all other counties). Provides that the maximum reduction under the senior citizens homestead exemption is $8,000 in counties with 3,000,000 or more inhabitants and counties that are contiguous to a county of 3,000,000 or more inhabitants and $5,000 in all other counties (currently, $8,000 in counties with 3,000,000 or more inhabitants and $5,000 in all other counties). In provisions concerning the homestead exemption for veterans with disabilities, makes changes concerning the surviving spouse. Provides that the interest rate under the Senior Citizens Real Estate Tax Deferral Act is reduced from 6% to 4%. Amends the School Code. Contains provisions concerning interfund transfers and disclosure of cash reserve balances. Amends the Department of Revenue Law of the Civil Administrative Code of Illinois to require the Department of Revenue to conduct a study concerning the homestead exemption for veterans with disabilities. Effective immediately. House Floor Amendment No. 5 Makes changes to the bill as amended by House Amendment No. 3 to provide that the maximum amount of the general homestead exemption is $10,000 in counties with 3,000,000 or more inhabitants, $8,000 in counties that are contiguous to a county of 3,000,000 or more inhabitants, and $6,000 in all other counties (rather than $10,000 in counties with 3,000,000 or more inhabitants and counties that are contiguous to a county of 3,000,000 or more inhabitants and $6,000 in all other counties).

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 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 Chicago School District Article of the School Code. In the year following each federal decennial census year, requires the Chicago Board of Education to redraft high school attendance boundaries and compile demographic information for each redrafted high school attendance boundary in a report to be made public on the school district's website. Effective July 1, 2022. House Floor Amendment No. 1 Replaces everything after the enacting clause. Amends the Chicago School District Article of the School Code. Requires the Department of School Demographics and Planning ("DSP"), at least once every 5 years, to evaluate the enrollment at existing schools in the school district to determine if there is a need to revise existing boundaries. Specifies factors for DSP to consider in its evaluation. Requires DSP to submit a written report of its findings, conclusions, and recommendations to the chief executive officer and the Chicago Board of Education. Requires the report to be made public on the district's website within 30 days after its completion. If it is determined that there is a need to revise any existing boundaries or establish attendance boundaries for new schools, requires DSP to develop and recommend any proposed changes to existing boundaries or proposed boundaries for new schools to the chief executive officer prior to the beginning of the school year in which the changes to existing boundaries or the new boundaries will take effect. Specifies factors to be considered in developing proposed changes to boundaries for existing schools and proposing attendance boundaries for new schools. Requires DSP to develop at least 2 alternatives for each proposed attendance boundary and prepare a report for each alternative with specified factors and considerations. Requires the report to be made public on the district's website within 30 days after its completion. Requires the chief executive officer to review the report, and authorizes the chief executive officer to suggest additional alternatives. Requires the chief executive officer to report to the Board if he or she recommends any changes to existing boundaries or establishing boundaries for new schools. Requires the chief executive officer, if he or she is recommending any changes to existing boundaries or any boundaries for new schools, to provide the Board with the report of the alternatives considered, including data on the specified factors, and requires the chief executive officer to inform the Board of the alternative that is being recommended. Requires the chief executive officer's report to be made public on the district's website within 30 days after its completion. Requires the Board to conduct public hearings on the proposed establishment of or changes to attendance boundaries and the chief executive officer's recommendation prior to taking action on the establishment or revision of any attendance boundaries. Requires the Board to consider the factors of capacity, current and projected racial and ethnic considerations, geographic barriers, travel time and distance, and program considerations in making its decision on the establishment or revision of any attendance boundaries.

Amends the Custody Relinquishment Prevention Act. Requires the Department of Children and Family Services, the Department of Human Services, the Department of Healthcare and Family Services, the Illinois State Board of Education, the Department of Juvenile Justice, and the Department of Public Health to enter into a 10-year extension of the interagency agreement required by Public Act 98-808. Effective immediately. Senate Floor Amendment No. 1 Requires the Department of Children and Family Services, the Department of Human Services, the Department of Healthcare and Family Services, the Illinois State Board of Education, the Department of Juvenile Justice, and the Department of Public Health to enter into a 5-year (rather than 10-year) extension of the interagency agreement required under Public Act 98-808.

Amends the Illinois Insurance Code. Provides that a group or individual policy of accident and health insurance or a managed care plan that is amended, delivered, issued, or renewed on or after January 1, 2024 shall provide coverage for access to home health services for the duration of medically necessary care. Makes conforming changes in the State Employees Group Insurance Act of 1971, the Counties Code, the Illinois Municipal Code, the School Code, the Health Maintenance Organization Act, the Limited Health Service Organization Act, the Voluntary Health Services Plans Act, and the Medical Assistance Article of the Illinois Public Aid Code.