Rep. Will Davis

Creates the Illinois America 250 Commission Act for the purpose of planning, promoting, and implementing appropriate commemoration of the 250th Anniversary of the founding of the United States of America. Requires the Illinois America 250 Commission to develop, encourage, and execute an inclusive commemoration and observance of the founding of the United States of America and Illinois' imperative role in the nation's history. Provides that the Illinois America 250 Commission shall consist of specified voting members. Authorizes the Illinois America 250 Commission to cooperate with the United States Semiquincentennial Commission and various State agencies, other states, tribal nations, and national, State, and local organizations. Provides that the Commission shall be housed within the Illinois State Museum. Authorizes fundraising. Provides reporting requirements. Provides that the Commission and its advisory committees shall be dissolved on June 1, 2027, and repeals the Act on January 1, 2028. Effective immediately. Senate Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Provides that the membership of the Illinois America 250 Commission shall include one member representing a statewide organization of municipalities. Makes grammatical and typographical corrections. Senate Floor Amendment No. 3 Replaces everything after the enacting clause with the provisions of the engrossed bill, and makes the following changes. Makes changes to the specified members of the Illinois America 250 Commission. Provides that the Governor shall appoint the Chair of the Commission (rather than requiring the Director of the Illinois State Museum to serve as Chair). Requires the Governor's office, with the assistance of the Chair of the Commission and the Illinois State Museum, to ensure that 60% of the appointed members of the Commission consist of people who represent historically excluded and marginalized communities. Creates the Illinois America 250 Commission Trust Fund as a non-appropriated trust fund to be held outside of the State treasury, with the State Treasurer as custodian, and authorizes the Commission to accept monetary gifts and grants from any public or private source, which shall be held in the Illinois America 250 Commission Trust Fund, and to accept in-kind gifts (rather than authorizing the Commission to solicit, accept, use, and dispose of donations, funds, and gifts, in conformance with public ethics laws, to support the purposes and goals of the Commission). Provides that upon dissolution of the Commission, any assets remaining in the Illinois America 250 Commission Trust Fund shall be deposited into the General Revenue Fund. Makes grammatical and typographical corrections. Effective immediately.

Amends the Criminal Identification Act. Provides that notwithstanding a positive test for the presence of cannabis within the petitioner's body from a drug test taken within 30 days before the filing of the petition for expungement or sealing or the failure of the petitioner to take such test, the petitioner may petition for the sealing or expungement of his or her felony records for a violation of the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or the Cannabis Control Act or felony records of a qualified probation for a felony drug offense. Defines "cannabis" and "felony drug offense". House Floor Amendment No. 1 Replaces everything after the enacting clause. Amends the Criminal Identification Act. Provides that, notwithstanding any other provision of law, the court shall not deny a petition for expungement or sealing because the petitioner has submitted a drug test taken within 30 days before the filing of the petition for expungement or sealing that indicates a positive test for the presence of cannabis within the petitioner's body. Defines "cannabis".

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 Public Construction Bond Act. Provides that the Department of Transportation may implement a 5-year pilot program to allow a contractor to provide a non-diminishing irrevocable bank letter of credit in lieu of specified bond requirements on contracts under $500,000. Provides that projects selected by the Department of Transportation for the pilot program must be classified by the Department as low-risk scope of work contracts. Provides for the adoption of rules concerning the criteria for pilot project selection and implementation of the pilot program.

Amends the Children and Family Services Act. Provides that all youth in care shall be assigned a mental health provider to manage their mental health care needs. Requires a youth's mental health provider to visit the youth and conduct a well-being assessment within 30 days after the youth is removed from his or her home and placed in the temporary custody or guardianship of the Department of Children and Family Services. Provides that additional follow-up visits and well-being checks shall be scheduled and conducted until the youth is no longer under the custody or guardianship of the Department. Provides that any mental health care services provided to the youth shall be in addition to any care or services the youth receives from his or her primary care provider. Grants the Department rulemaking authority. House Floor Amendment No. 1 Replaces everything after the enacting clause. Amends the Children and Family Services Act. Creates the Holistic Mental Health Care for Youth in Care Task Force. Requires the Task Force to review and make recommendations regarding mental health and wellness services provided to youth in care, including a program of holistic mental health services provided 30 days after the date upon which a youth is placed in foster care, in order to determine how to best meet the mental health needs of youth in care. Provides that the Task Force shall also assess the capacity of State licensed mental health professionals to provide preventive mental health care to youth in care; review the current payment rates for mental health providers serving the youth in care population; evaluate the recruitment and retention of mental health providers who are persons of color to serve the youth in care population; and perform other specified duties. Provides that the Task Force shall consist of 9 members and that members shall serve without compensation but may be reimbursed for necessary expenses incurred in the performance of their duties. Requires the Task Force to meet at least once each month beginning no later than July 1, 2022 and at other times as determined by the Task Force. Provides that the Task Force may hold electronic meetings and a member of the Task Force shall be deemed present for the purposes of establishing a quorum and voting. Provides that the Department of Healthcare and Family Services, in conjunction with the Department of Children and Family Services, shall provide the Task Force with administrative support. Requires the Task Force to prepare and submit to the Governor and the General Assembly at the end of each quarter a report that summarizes its work and makes recommendations resulting from its study. Effective immediately. Fiscal Note, House Floor Amendment No. 1 (Dept. of Children & Family Services) There is no material cost to this legislation. Senate Floor Amendment No. 1 Replaces everything after the enacting clause. Reinserts the engrossed bill with the following changes: Provides that the Task Force shall include: (i) a member appointed by the Governor from the Office of the Governor who has a focus on mental health issues, (rather than a member from the Office of the Governor who has a focus on mental health issues); (ii) one member who is a former youth in care, appointed by the Governor (rather than one member who is a former youth in care recommended by the Illinois Chapter of the Foster Care Alumni of America); and (iii) one representative from the managed care entity managing the YouthCare program, appointed by (rather than recommended by) the Director of Healthcare and Family Services. Requires the Task Force to submit its final report to the Governor and the General Assembly no later than December 31, 2024. Provides that upon submission of its final report, the Task Force is dissolved.

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 Unified Code of Corrections. Provides that each institution or facility of the Department of Corrections shall hire a reentry specialist to assist with the reentry of offenders into the community. Provides that the Department shall by rule provide for the duties and responsibilities of reentry specialists.

Amends the evidence-based funding provisions of the School Code. Makes changes concerning how an organizational unit's adjusted equalized assessed valuation is calculated.

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.

Amends the Employee Sick Leave Act. Removes language exempting from coverage under the Act an employee of an employer subject to the provisions of Title II of the federal Railway Labor Act. House Committee Amendment No. 2 Replaces everything after the enacting clause. Amends the Employee Sick Leave Act. Provides that the rights afforded under the Act serve as the minimum standard in a negotiated collective bargaining agreement.