Rep. Justin Slaughter

Amends the Criminal Code of 2012. Provides that drug-induced homicide is a Class 1 felony. Increases the grams of cannabis from 10 to 30 to meet "casual delivery" definition. Increases the amount of cannabis one may possess if not otherwise provided for in the Cannabis Regulation and Tax Act and the Industrial Hemp Act from 10 to 30 grams, and decreases the maximum violation penalty to $125.00. Reduces the penalty for possession of greater amounts of cannabis. Makes other changes.

Amends the Illinois Power Agency Act. In provisions concerning the renewable portfolio standards, specifies the goals for procurement of renewable energy credits and cost-effective renewable energy resources that shall be included in the long-term renewable resources procurement plan and makes other changes concerning these procurements and provides for the calculation of the cost of equity for the purposes of recovering all reasonable and prudently incurred costs of energy efficiency measures from retail customers. Provides that savings of fuels other than electricity achieved by measures that educate about, incentivize, encourage, or otherwise support the use of electricity to power vehicles shall count towards the applicable annual incremental goal and shall not be included in determining certain limits. Amends the Public Utilities Act. Provides that an electric utility that serves less than 3,000,000 retail customers but more than 500,000 customers in this State may plan for, construct, install, control, own, manage, or operate photovoltaic electricity production facilities and any energy storage facilities that are planned for, constructed, installed, controlled, owned, managed, or operated in connection with photovoltaic electricity production facilities without obtaining a certificate of public convenience and necessity subject to specified terms and conditions. Provides that a public utility that provided electric service to at least 1,000,000 retail customers in Illinois and gas service to at least 500,000 retail customers in Illinois may elect to recover its natural gas delivery services costs through a performance-based rate. Provides that, beginning in 2022, without obtaining any approvals from the Commission or any other agency, regardless of whether any such approval would otherwise be required, a participating utility that is a combination utility shall pay $1,000,000 per year for 10 years to the energy low-income and support program. Adds provisions authorizing certain utilities to plan for, construct, install, control, own, manage, or operate electric vehicle charging infrastructure. Amends the Prevailing Wage Act to include specified facilities financed in whole or in part with renewable energy resources in the definition of "public works". Makes other changes. Effective immediately.

Amends the Criminal Identification Act. Provides that no fee shall be required to be paid by a petitioner for expungement or sealing of the petitioner's law enforcement and court records if the records sought to be expunged or sealed were arrests resulting in release without charging or arrests or charges not initiated by arrest resulting in acquittal, dismissal, or conviction when the conviction was reversed or vacated, except for records of minor traffic offenses, unless the petitioner was arrested and released without charging (rather than these provisions applying from August 9, 2019 (the effective date of Public Act 101-306) through December 31, 2020, in a county of 3,000,000 or more inhabitants).

Creates the Rebuild Illinois Mental Health Workforce Act. Provides that the purpose of the Act is to preserve and expand access to Medicaid community mental health care in Illinois to prevent unnecessary hospitalizations and avoid the criminalization of mental health conditions. Establishes add-on payments for the following community mental health services to be paid beginning with State Fiscal Year 2023 and continuing for each State fiscal year thereafter: individual therapy services; community support-individual services; case management services; and assertive community treatment services. Requires monthly directed payments to community mental health providers of community support team services or assertive community treatment services. Provides that such directed payments shall be based on the number of Medicaid users, as defined, who receive services from the provider in the base year. Provides that the add-on payments established under the Act shall apply to Medicaid services provided by a contracted managed care organization or entity and services paid for directly by the Department of Healthcare and Family Services. Provides that no base Medicaid rate or Medicaid rate add-on payment or any other payment for the provision of Medicaid community mental health services in place on July 1, 2021 shall be diminished or changed to make the reimbursement changes required under the Act. Requires the Department to apply for federal approval to implement the Act. Provides that implementation of the add-on payments is conditioned on the receipt of federal financial participation for such payments. Effective immediately.

Amends the Illinois Insurance Code. Makes a technical change in a Section concerning the purpose of the Article regarding nonprofit risk organizations. House Floor Amendment No. 1 Deletes reference to: 215 ILCS 5/123D-1 Adds reference to: New Act 30 ILCS 105/5.970 new Replaces everything after the enacting clause. Creates the Prescription Drug Affordability Act. Defines terms. Establishes the Prescription Drug Affordability Board and provides that the Board's purpose is to protect State residents, State and local governments, commercial health plans, health care providers, pharmacies licensed in the State, and other stakeholders within the health care system from the high costs of prescription drug products. Contains other provisions about the Board, including: members of the Board; conflicts of interest; terms of members; the hiring of an executive director, general counsel, and staff for the Board; staff salary; meetings of the Board; and powers and duties of the Board. Creates the Prescription Drug Affordability Stakeholder Council with the purpose to provide stakeholder input to assist the Prescription Drug Affordability Board in making decisions as required under the Act. Contains other provisions about the Council, including: members of the Council; terms of members; and reimbursement of member travel expenses. Provides that the Board shall identify specified prescription drug products and determine whether each prescription drug product should be subject to a cost review. Provides that if the Board finds that spending on a prescription drug product has led or will lead to an affordability challenge, the Board shall establish an upper payment limit after considering: (i) the cost of administering the drug; (ii) the cost of delivering the drug to consumers; and (iii) other relevant administrative costs related to the drug. Includes provisions regarding remedies and an appeal process. Creates the Prescription Drug Affordability Fund to be used only to provide funding for the Board and for the purposes authorized under the Act. Provides that the Board shall submit a report to the General Assembly including specified information. Provides that the Board shall conduct a study of the operation of the generic drug market that includes specified information on or before June 1, 2023. Includes a provision on term expiration for Board and Council members. Makes conforming changes in the State Finance Act. Effective January 1, 2023.

Amends the Public Utilities Act. Extends the repeal dates of the Telecommunications Article and the Cable and Video Competition Article from December 31, 2021 to December 31, 2026. Provides that any cable service or video service authorization issued by the Illinois Commerce Commission will expire on December 31, 2029 (rather than December 31, 2024). Effective immediately. House Committee Amendment No. 1 Adds reference to: 220 ILCS 5/13-406 from Ch. 111 2/3, par. 13-406 Further amends the Public Utilities Act. In a provision concerning abandonment of service, provides for the procedure through which a Small Electing Provider may choose to cease offering or providing a telecommunications service. Defines "Small Electing Provider" as an incumbent local exchange carrier that is an electing provider, and that, together with all of its incumbent local exchange carrier affiliates offering telecommunications services within the State of Illinois, has fewer than 40,000 subscriber access lines as of January 1, 2020. House Floor Amendment No. 2 Extends the repeal dates of the Telecommunications Article and the Cable and Video Competition Article to December 31, 2024 (rather than December 31, 2026). Provides that any cable service or video service authorization issued by the Illinois Commerce Commission will expire on December 31, 2027 (rather than December 31, 2029). House Floor Amendment No. 3 Adds reference to: 220 ILCS 5/22-501 Further amends the Public Utilities Act. In provisions of the Cable and Video Customer Protection Law concerning customer service and privacy protection, provides that notice of proposed termination shall be provided in electronic format or mailed (rather than mailed), postage prepaid, to the customer to whom service is billed. Provides that notice of proposed termination shall not be delivered or mailed (rather than mailed) until the 24th day after the date of the bill for services. Senate Floor Amendment No. 1 Deletes reference to: 220 ILCS 5/13-406 from Ch. 111 2/3, par. 13-406 220 ILCS 5/13-1200 220 ILCS 5/21-401 220 ILCS 5/21-1601 220 ILCS 5/22-501 Adds reference to: 410 ILCS 130/10 410 ILCS 130/103 new 410 ILCS 705/5-22 new 410 ILCS 705/15-40 410 ILCS 130/100 rep. 410 ILCS 130/120 rep. Replaces everything after the enacting clause. Amends the Compassionate Use of Medical Cannabis Program Act. Provides that the Department of Agriculture shall follow specified requirements of the Cannabis Regulation and Tax Act regarding the administration of cultivation center agent identification cards. Repeals provisions regarding cultivation center agent identification cards and dispensing organization agent identification cards. Makes other changes. Amends the Cannabis Regulation and Tax Act. Provides that the Department of Agriculture and the Department of Financial and Professional Regulation shall issue all agent identification cards under the Act via an online application portal. Provides that all notifications of acceptance or denial for applications under specified provisions shall be sent directly to the agent applicant.

Amends the Code of Criminal Procedure of 1963. Provides that a defendant charged with one or more misdemeanors and for whom a court has determined under the Code that a bona fide doubt of the defendant's fitness has been raised may be admitted into an unfit misdemeanant diversion program only upon the approval of the court. Provides that the court shall require an eligibility screening and an assessment of the defendant to determine whether the defendant may be able to receive mental health services under the Mental Health and Developmental Disabilities Code which shall reasonably assure her or his safety and that of the public and her or his continued participation in treatment. Provides that if, following this screening, the court determines that the defendant is appropriate for diversion, the criminal charges may be dismissed with or without prejudice. Provides that the misdemeanant diversion program may maintain or collaborate with mental health and substance use treatment providers necessary to provide a continuum of treatment options commensurate with the needs of the defendant and available resources. Makes other changes. House Floor Amendment No. 1 Deletes reference to: 725 ILCS 5/Art. 104A heading new 725 ILCS 5/104A-1 new 725 ILCS 5/104A-2 new 725 ILCS 5/104A-3 new 725 ILCS 5/104A-4 new Adds reference to: 20 ILCS 3930/7.7 725 ILCS 5/109-1 from Ch. 38, par. 109-1 725 ILCS 185/7 from Ch. 38, par. 307 730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1 730 ILCS 5/5-8A-4 from Ch. 38, par. 1005-8A-4 730 ILCS 5/5-8-9 new Replaces everything after the enacting clause. Amends the Illinois Criminal Justice Information Act. Provides that the Pretrial Practices Data Oversight Board shall start collection of quarterly, county-level data on specified topics on July 1, 2023. Amends the Code of Criminal Procedure of 1963. Provides that a law enforcement officer shall issue a citation in lieu of custodial arrest, upon proper identification, for a person accused of traffic offense, a Class B misdemeanor, a Class C misdemeanor, a petty offense, or a business offense, unless the law enforcement officer, in the law enforcement officer's discretion, reasonably determines the accused: (1) poses a specific, real, and present threat to the safety of the community or any person or persons; or (2) has a medical or mental health issue that poses a risk to the safety of the accused. Amends the Pretrial Services Act. Removes language requiring that pretrial services agencies to submit findings and recommendations to assess the need or financial security to assure the defendant's appearance at later proceedings. Amends the Unified Code of Corrections. Provides that language concerning the imposition of a mandatory supervised release term for a Class 3 or Class 4 felony takes effect on March 1, 2023 (instead of July 1, 2022). Creates the Commission on Pretrial Implementation within the Illinois Sentencing Policy Advisory Council; sets membership of the Commission and provides reporting requirements. In provisions concerning electronic monitoring and home detention, requires that a person ordered to pretrial home confinement must be provided with movement spread out over no fewer than 2 periods (instead of 2 days) per week. Provides that the Sentencing Policy Advisory Council shall provide administrative support to the Commission. Provides that the periods of time shall be determined by the supervising authority and authorizes the supervising authority to monitor the participant's location during any period of authorized movement. Provides that if a person on pretrial home confinement is charged with a forcible felony, the State may file a verified motion to deny the participant movement. Requires the court to hold a hearing and provides that the court shall grant the motion only if the court finds by clear and convincing evidence that, based on the totality of the circumstances, movement should be denied. Effective immediately.

Amends the Cemetery Protection Act. Defines "cemetery consumer". Provides that unless the contract with the cemetery otherwise provides, the involved cemetery consumer shall have the responsibility to repair, replace, or remove any dilapidated or unsafe columbarium, niche building, mausoleum, or private estate within the cemetery grounds. Provides that whenever a cemetery authority becomes aware of a dilapidated or unsafe columbarium, niche building, mausoleum, or private estate within the cemetery grounds, and when the involved cemetery consumer has failed to take prompt remedial action, the cemetery may repair, replace, or remove the structure to prevent hazard to the public or to entombed, inurned, or cremated human remains. Provides that the cemetery may remove the urns or caskets when necessary and place them in a secure temporary area in order to allow for the repairs to or replacement or removal of the dilapidated or unsafe columbarium, niche building, mausoleum, or private estate. Provides that the cemetery shall contact the listed next of kin in the cemetery records when taking remedial action.

Amends the Illinois Public Aid Code. Provides that it shall be a matter of State policy that the Department of Healthcare and Family Services shall set nursing facility rates by rule utilizing an evidenced-based methodology that rewards appropriate staffing, quality-of-life improvements for nursing facility residents, including the cessation of payments for rooms with 3 or more people residing in them by January 1, 2027, and the reduction of racial inequities and health disparities for nursing facility residents enrolled in Medicaid. Provides that the new nursing services reimbursement methodology taking effect January 1, 2022, upon federal approval, shall utilize the Patient Driven Payment Model (PDPM) (rather than the RUG-IV 48 grouper model). Sets the statewide base rate for dates of service on and after January 1, 2022 at $85.25. Requires the Department to establish, by rule, a multiplier based on information from the Payroll Based Journal. Provides that, beginning on and after January 1, 2022, the Department shall allocate funding, by rule, for per diem add-ons to the PDPM methodology for each resident with a diagnosis of Alzheimer's disease. Contains provisions concerning funds allocated for certain incentive payments to nursing facilities; emergency rules; payments to improve the quality of care delivered by nursing facilities; long-term care provider assessments; and other matters. Amends the Nurse Agency Licensing Act. Prohibits nurse agencies from entering into covenants not to compete with certified nurse aides. Amends the Illinois Administrative Procedure Act. Permits the Department of Healthcare and Family Services to adopt emergency rules. Effective immediately.

Amends the Illinois Income Tax Act. Creates a credit in an amount equal to the investment made by the taxpayer during the taxable year in a Qualified Opportunity Fund. Provides that no such credit may be taken for any taxable year that begins prior to January 1, 2022. Provides that excess credits may be carried forward or back. Provides that the aggregate amount of the Qualified Opportunity Fund tax credit shall be limited to $10,000 per taxpayer per calendar year. Provides that the credit is exempt from the Act's automatic sunset provision. Effective immediately.