Rep. Nick Smith

Declares March 24, 2021 as Pay Equity Day.

Mourns the passing of LeRoy Franklin Lilly.

Creates the Ensuring a More Qualified, Competent, and Diverse Community Behavioral Health Workforce Act. Requires the Department of Human Services, Division of Mental Health, to award grants or contracts to licensed community mental health centers or behavioral health clinics to establish or enhance training and supervision of interns and behavioral health providers-in-training pursuing licensure as a licensed clinical social worker, licensed clinical professional counselor, and licensed marriage and family therapist. Creates the Mental Health Assessment Reform Act to remove barriers to care in the Medicaid mental health assessment and treatment planning process. Creates the Recovery and Mental Health Tax Credit Act. Requires the Department to establish and administer a recovery tax credit program to provide tax incentives to qualified employers who employ eligible individuals in recovery from a substance use disorder or mental illness in part-time and full-time positions. Creates an Advisory Council to advise the Department regarding employment of persons with mental illnesses and substance use disorders in minority communities. Amends the Illinois Income Tax Act to make conforming changes. Amends the Department of Healthcare and Family Services Law of the Civil Administrative Code. Requires the Department of Healthcare and Family Services to take all necessary action to ensure that proposed modifications, additions, deletions, or amendments to the healthcare and behavioral healthcare (mental health and substance use disorder) provisions of the Illinois Public Aid Code are announced, shared, disseminated, and explained prior to the Department undertaking such proposed modifications, if legally possible and subject to federal law. Amends the Clinical Social Work and Social Work Practice Act. Provides that an individual applying for licensure as a clinical social worker who has been licensed at the independent level in another jurisdiction for 5 (rather than 10) consecutive years without discipline is not required to submit proof of completion of education and supervised clinical professional experience. Makes similar changes to the Marriage and Family Therapy Licensing Act and to the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act. Effective immediately. Senate Committee Amendment No. 1 Adds reference to: 225 ILCS 15/13 from Ch. 111, par. 5363 225 ILCS 20/11 from Ch. 111, par. 6361 225 ILCS 107/50 Reinserts the provisions creating the Recovery and Mental Health Tax Credit Act with the following changes: Requires the Department of Human Services to maintain an electronic listing of the tax credit certificates it issues under the recovery tax credit program so that the Department of Revenue may confirm the eligibility of qualified employers for the tax credit. Provides that the tax credit authorized under the Act may not be carried forward. Contains provisions concerning tax credits for partners, shareholders of S corporations, and owners of limited liability companies. Makes other changes. Amends the Illinois Income Tax Act. Provides that a taxpayer who has been awarded a credit under the Recovery and Mental Health Tax Credit Act is entitled to a credit against the tax imposed under specified provisions of the Illinois Income Tax Act. Amends the Clinical Psychologist Licensing Act, the Clinical Social Work and Social Work Practice Act, and the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act. Provides that notwithstanding any other provision of law certain requirements set forth in those Acts to restore an inactive or expired license of 5 years or less are suspended for specified licensed clinicians who have had no disciplinary action taken against their licenses in this State or in any other jurisdiction during the entire period of licensure. Senate Floor Amendment No. 2 Deletes reference to: 5 ILCS 100/5-45.21 new Removes provisions creating the Mental Health Assessment Reform Act. Removes amendatory changes made to the Illinois Administrative Procedure Act permitting the Department of Healthcare and Family Services to adopt emergency rules to implement the Mental Health Assessment Reform Act. Senate Floor Amendment No. 3 Reinserts the provisions creating the Recovery and Mental Health Tax Credit Act with the following changes: Requires the Department of Human Services to maintain an electronic listing of the certificates of tax credit issued by which the Department of Revenue may verify tax credit certificates issued to qualifying employers. Provides that the tax credit authorized under the Act may not be carried forward. Provides that a taxpayer who is a qualified employer who has received a certificate of tax credit from the Department shall be allowed a credit against the tax imposed equal to the amount shown on such certificate of tax credit. Provides that if the taxpayer is a partnership or Subchapter S corporation the credit shall be allowed to the partners or shareholders in accordance with the determination of income and distributive share of income as provided under specified provisions of the Internal Revenue Code. Makes other changes. Amends the Illinois Income Tax Act. Provides that for taxable years beginning on or after January 1, 2023, a taxpayer who has been awarded a credit under the Recovery and Mental Health Tax Credit Act is entitled to a credit against the tax imposed under specified provisions of the Illinois Income Tax Act. Senate Floor Amendment No. 5 Deletes reference to: 20 ILCS 2205/2205-40 new Removes the amendatory changes made to the Department of Healthcare and Family Services Law requiring the Department of Healthcare and Family Services to take all necessary action to ensure that proposed modifications, additions, deletions, or amendments to the healthcare and behavioral healthcare (mental health and substance use disorder) provisions of the Illinois Public Aid Code are announced, shared, disseminated, and explained prior to the Department undertaking such proposed modifications, if legally possible. House Floor Amendment No. 1 Further amends the Clinical Psychologist Licensing Act. In a provision suspending the requirements under the Act for restoration of an inactive or expired clinical psychologist license, provides that an individual may not restore his or her license more than once. Further amends the Clinical Social Work and Social Work Practice Act. In a provision suspending the requirements under the Act for restoration of an inactive or expired clinical social worker license, provides that an individual may not restore his or her license more than once. Removes a provision exempting individuals applying for a clinical social worker license who are licensed in another jurisdiction from submitting proof of passage of the examination for the practice of clinical social work as authorized by the Department of Financial and Professional Regulation. Further amends the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act. In a provision suspending the requirements under the Act for restoration of an inactive or expired clinical professional counselor license, provides that an individual may not restore his or her license more than once. Makes other changes. House Floor Amendment No. 3 Adds reference to: 210 ILCS 49/1-102 Further amends the Specialized Mental Health Rehabilitation Act of 2013. Defines the term "APRN". Provides that, for purposes of the Act, any required psychiatric visit to a consumer may be conducted by an APRN or by a physician.

Creates the Task Force on Missing and Murdered Chicago Women Act. Creates the Task Force on Missing and Murdered Chicago Women. Provides for the composition of the Task Force and its appointment and meetings. Provides that the Task Force must examine and report on the following: (1) the systemic causes behind violence that Chicago women and girls experience, including patterns and underlying factors that explain why disproportionately high levels of violence occur against Chicago women and girls, including underlying historical, social, economic, institutional, and cultural factors that may contribute to the violence; (2) appropriate methods for tracking and collecting data on violence against Chicago women and girls, including data on missing and murdered Chicago women and girls; (3) policies and institutions such as policing, child welfare, medical examiner practices, and other governmental practices that impact violence against Chicago women and girls and the investigation and prosecution of crimes of gender-related violence against Chicago residents; (4) measures necessary to address and reduce violence against Chicago women and girls; and (5) measures to help victims, victims' families, and victims' communities prevent and heal from violence that occurs against Chicago women and girls. Provides that the Task Force shall report annually to the General Assembly and the Governor on the work of the Task Force. House Floor Amendment No. 1 Provides that the Executive Director of the Illinois Criminal Justice Information Authority or the Executive Director's designee, in consultation with the Director of the Illinois State Police and Chicago Police Superintendent, shall appoint the non-legislative members to the Task Force. Provides that the Illinois Criminal Justice Information Authority (rather than the Illinois State Police) shall provide meeting space and assistance as necessary for the Task Force to conduct its work. Provides that the chair of the Task Force may call electronic meetings of the Task Force. Provides that a member of the Task Force participating electronically shall be deemed present for purposes of establishing a quorum and voting. Senate Committee Amendment No. 1 Changes from December 31, 2021 to December 31, 2024 the date by which the Task Force must initially report its work to the Governor and General Assembly.

Creates the Bias-Free Child Removal Pilot Program Act. Provides that subject to appropriation, the Department of Children and Family Services shall establish a 3-year Bias-Free Child Removal Pilot Program no later than July 1, 2023 for the purpose of promoting unbiased decision-making in the child removal process with the goal of decreasing the overrepresentation of BIPOC children in out-of-home placements. Requires the Department to choose a county that, based on a county-based analysis, indicates the highest rates of racial disproportionality. Requires the identified county to utilize a bias-free child removal strategy when deciding whether a child should be removed from his or her parents' home. Requires the Department to identify a public university to develop an evaluation design which identifies a control group (a county that does not utilize a bias-free child removal strategy) and compare those results with the intervention group (a county that utilizes a bias-child removal strategy). Provides that no later than January 1, 2023, the Department shall establish a Bias-Free Child Removal Review Committee consisting of an interdisciplinary, diverse group of 9 child welfare professionals and advocates for the purpose of creating the pilot program and the pre-implementation plan for the pilot program. Requires the Department to establish other procedures and protocols concerning (i) which diverse group of professions should be represented on the Committee, including required degrees, credentials, and experience, (ii) the frequency of bias-free child removal meetings, and (iii) decision-making protocols concerning removal. Contains provisions concerning certain demographic information that must be redacted from a child's case notes report prior to a determination on removal; the Department's evaluation reports to the General Assembly; and other matters. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Creates the Bias-Free Child Removal Pilot Program Act. Provides that the purpose of the Act is to: (1) require the Department of Children and Family Services to establish a 3-year, Bias-Free Child Removal Pilot Program for the purpose of promoting unbiased decision making in the child removal process, while maintaining the safety of children and reducing risk, with the goal of decreasing the overrepresentation of BIPOC children in out-of-home placements; (2) establish a pre-implementation steering committee to: (i) develop and implement the Bias-Free Removal Pilot Program by January 1, 2024; (ii) recruit members for the Bias-Free Case Review Team; and (iii) recruit members for the Bias-Free Child Removal Advisory Board; (3) establish a Bias-Free Case Review Team consisting of a child protection supervisor, an area administrator, and a regional administrator from an area other than the pilot area to: (i) review removal decisions absent specific demographic information; and (ii) determine whether removal of the child is necessary to avoid imminent risk to his or her safety, health, and well-being; and (4) establish a Bias-Free Child Removal Advisory Board to monitor and oversee the Bias-Free Case Review Team and ensure that the Bias-Free Case Review Team executes bias-free removals in accordance with the provisions of the Act. Contains provisions on the 3-year Bias-Free Child Removal Pilot Program and its implementation in field offices located in Cook County, Champaign County, and St. Clair County; Department reports to the General Assembly that detail the pilot program's implementation and that provide an analysis of the pilot program's effect and impact on the removal rates of BIPOC children; establishment of a steering committee by January 1, 2023; the steering committee's composition and duties, including the development of a written plan and requirements for the pilot program; the composition and duties of the Bias-Free Case Review Team; the requirement that certain demographic and identifiable information concerning children and parents be redacted from intake summaries, case notes, and investigations; the Department's development of a tool or rubric for the Review Team to fully document the decision-making process and what led to the final decision; the composition and duties of a Bias-Free Child Removal Advisory Board; the criteria that must be met to justify statewide expansion of the pilot program; and other matters. Provides that the Department shall adopt rules, policies, and procedures necessary to implement the Act with the assistance of the steering committee. Provides that the Act is repealed on January 1, 2027. Effective immediately. Senate Committee Amendment No. 2 Replaces everything after the enacting clause. Creates the Bias-Free Child Removal Pilot Program Act. Provides that the purpose of the Act is to: (1) require the Department of Children and Family Services to establish a 3-year, Bias-Free Child Removal Pilot Program for the purpose of promoting unbiased decision making in the child removal process, while maintaining the safety of children and reducing risk, with the goal of decreasing the overrepresentation of BIPOC children in out-of-home placements; (2) establish a steering committee to: (i) develop and implement the Bias-Free Removal Pilot Program by January 1, 2024; (ii) appoint members for the Bias-Free Case Review Team; and (iii) appoint members for the Bias-Free Child Removal Advisory Board; (3) establish a Bias-Free Case Review Team consisting of a child protection supervisor, an area administrator, and a regional administrator from an area other than the pilot area to: (i) review removal decisions absent specific demographic information; and (ii) determine whether removal of the child is necessary to avoid imminent risk to the child's safety, health, and well-being; and (4) establish a Bias-Free Child Removal Advisory Board to monitor and oversee the Bias-Free Case Review Team and ensure that the Bias-Free Case Review Team executes bias-free removals in accordance with the provisions of the Act. Contains provisions on the 3-year Bias-Free Child Removal Pilot Program and its implementation in field offices located in DuPage County, Champaign County, and Williamson County; Department reports to the General Assembly that detail the pilot program's implementation and that provide an analysis of the pilot program's effect and impact on the removal rates of BIPOC children; establishment of a steering committee by January 1, 2023; the steering committee's composition and duties, including the development of a written plan and requirements for the pilot program; the composition and duties of the Bias-Free Case Review Team; the requirement that certain demographic and identifiable information concerning children and parents be redacted from intake summaries, case notes, and investigations; the Department's development of a tool or rubric for the Review Team to fully document the decision-making process and what led to the final decision; the composition and duties of a Bias-Free Child Removal Advisory Board; the criteria that must be met to justify statewide expansion of the pilot program; and other matters. Provides that the Department shall adopt rules, policies, and procedures necessary to implement the Act with the assistance of the steering committee. Provides that the Act is repealed on January 1, 2027. Effective immediately. Senate Floor Amendment No. 4 Replaces everything after the enacting clause. Reinserts the provisions of Senate Amendment No. 2 with the following changes: Provides that the steering committee shall include 5 staff members from the Department of Children and Family Services (rather than 3 staff members from the Department) which shall include a child protection investigator and a child protection supervisor. Requires the steering committee to include in the development of the Bias-Free Child Removal Pilot Program (i) a decision regarding a timeline for convening the Bias-Free Case Review Team and (ii) how and when the child protection investigator or child protection supervisor shall present an investigation to the Bias-Free Case Review Team. Provides that the pilot program shall not prevent a child protection investigator or supervisor from performing routine assignments required under Department policy after taking protective custody of a child. Provides that the redaction of case file information or the preparation of case files for the Review Team shall not be completed by the child protection investigator or the child protection supervisor. In a provision requiring the Review Team to make a final decision on whether a child's removal should be upheld, removes language requiring the Review Team to make that final decision as soon as possible but no later than 48 hours prior to a shelter care hearing. Effective immediately.

Amends the Illinois Insurance Code. In provisions concerning cancer screenings, provides that a group policy of accident and health insurance that provides coverage for hospital or medical treatment or services for illness on an expense-incurred basis and is amended, delivered, issued, or renewed after the effective date of the amendatory Act shall provide coverage without imposing a deductible, coinsurance, copayment, or any other cost-sharing requirement on the benefits. Provides for coverage for an annual prostate cancer screening for male insureds. Defines "prostate cancer screening" as medically viable methods for the detection and diagnosis of prostate cancer, including a digital rectal exam and the prostate-specific antigen test and associated laboratory work, and provides that the term includes subsequent follow-up testing as directed by a health care provider, including, but not limited to, urinary analysis, serum biomarkers, and medical imaging. House Floor Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Provides that a group policy of accident and health insurance that provides coverage for hospital or medical treatment or services for illness on an expense-incurred basis and is amended, delivered, issued, or renewed after January 1, 2024 (rather than the effective date of the amendatory Act) shall provide coverage, without imposing a deductible, coinsurance, copayment, or any other cost-sharing requirement, for specified methods of cancer testing. Specifies that the provisions do not apply to coverage of prostate cancer screenings to the extent such coverage would disqualify a high-deductible health plan from eligibility for a health savings account under the Internal Revenue Code. Defines "prostate cancer screening" to include medically necessary subsequent follow-up testing as directed by a health care provider (rather than subsequent follow-up testing as directed by a health care provider).

Amends the Invest in Kids Act. Makes a formatting change to create a first priority group for eligible students who received a scholarship from a scholarship granting organization during the previous school year. Provides that qualified schools may establish a maximum scholarship amount, which may not exceed the necessary costs and fees for attendance at the qualified school. Provides that the qualified school shall notify the scholarship granting organization of its necessary costs and fees as well as any maximum scholarship amount set by the school. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Specifies that the maximum scholarship amount set by a qualified school is subject to the limitations provided under existing law.

Amends the Registered Interior Designers Act. Provides that nothing shall be construed as preventing or restricting persons engaging in professional services limited to the design of kitchen and bath spaces and the specification of products for kitchen and bath areas. Provides that every registered interior designer shall have a reproducible seal. Provides that the registered interior designer shall affix the signature, current date, date of registration expiration, and seal to the first sheet of any bound set or loose sheets of technical submissions. Provides that all technical submissions intended for use in the State shall be prepared and administered in accordance with standards of reasonable professional skill and diligence. Provides that prior to registration, the applicant shall provide substantial evidence to the Board of Registered Interior Design Professionals that the applicant has completed the education and work experience requirements to sit for the Council for Interior Design Qualification examination, has successfully passed the Council for Interior Design Qualification examination, and has maintained an active Council for Interior Design Qualification certification. Provides that each applicant for renewal or reinstatement of registration shall complete continuing education as set forth by the Department of Financial and Professional Regulation by rule. Makes changes in provisions concerning causes for disciplinary actions. Defines terms. House Floor Amendment No. 1 Replaces everything after the enacting clause. Amends the Registered Interior Designers Act. Defines terms. Provides that nothing in the Act shall be construed as preventing or restricting persons from engaging in professional services limited to the design of kitchen and bath spaces or the specification of products for kitchen and bath areas in noncommercial settings. Provides that every registered interior designer shall have a reproducible seal. Provides that the registered interior designer shall affix the signature, current date, date of registration expiration, and seal to the first sheet of any bound set or loose sheets of interior technical submissions. Provides that all interior technical submissions intended for use in the State shall be prepared and administered in accordance with standards of reasonable professional skill and diligence. Provides that prior to registration, the applicant shall provide substantial evidence to the Board of Registered Interior Design Professionals that the applicant has completed the education and work experience requirements to sit for the Council for Interior Design Qualification examination, has successfully passed the Council for Interior Design Qualification examination, and has maintained an active Council for Interior Design Qualification certification. Provides that each applicant for renewal or reinstatement of registration shall complete continuing education as set forth by the Department of Financial and Professional Regulation by rule. Makes changes in provisions concerning causes for disciplinary actions. Provides that the Department may refuse to issue, renew, or restore or may revoke, suspend, place on probation, reprimand or take other disciplinary action as the Department may deem proper, including fines not to exceed $10,000 (instead of $5,000) for each violation. Makes other changes. House Floor Amendment No. 3 Changes the definition of "practice of interior design" to "practice of registered interior design". Provides that the "practice of registered interior design" does not include the practice of structural engineering as defined in the Structural Engineering Practice Act of 1989, the practice of professional engineering as defined in the Professional Engineering Practice Act of 1989, or the practice of land surveying as defined in the Illinois Professional Land Surveyor Act of 1989. Provides that nothing in this Act shall authorize registered interior designers to perform services that are restricted under the Professional Engineering Practice Act of 1989, the Illinois Professional Land Surveyor Act of 1989, or the Structural Engineering Practice Act of 1989, or that are restricted under the Illinois Architecture Practice Act of 1989, except as provided in the Registered Interior Designers Act, or that registered interior designers are not authorized to perform under the Environmental Barriers Act, except as provided for in the Registered Interior Designers Act. Makes other changes.

Amends the Unified Code of Corrections. Provides that the Department of Corrections shall enter into contracts with the Department of Human Services, the Department of Healthcare and Family Services, and any other appropriate State agencies as the Department of Corrections may direct so that those Departments or agencies may assist persons released from institutions and facilities of the Department of Corrections in obtaining the services provided by those Departments. Provides for the type of services available to released persons. Provides that at least 45 days before the scheduled discharge of a person committed to the custody of the Department of Corrections, the Department shall inform the person that those Departments shall provide that assistance. Provides that if the county or municipality of the released person's residence has established a program for reentry of persons into the community who have been committed to the Department, the Department of Corrections shall inform the person about that program. Provides that the assistance provided under this provision shall be available to the person during the term of his or her parole or mandatory supervised release. Senate Floor Amendment No. 1 Deletes reference to: 730 ILCS 5/3-14-1 Adds reference to: 720 ILCS 5/14-3 720 ILCS 5/33G-9 Replaces everything after the enacting clause. Amends the Criminal Code of 2012. Changes the sunset of the provision that exempts from an eavesdropping violation, with prior request to and written or verbal approval of the State's Attorney of the county in which the conversation is anticipated to occur, recording or listening with the aid of an eavesdropping device to a conversation in which a law enforcement officer, or any person acting at the direction of a law enforcement officer, is a party to the conversation and has consented to the conversation being intercepted or recorded in the course of an investigation of a qualified offense from January 1, 2023 to January 1, 2027. Extends the sunset of the RICO Article of the Code from June 11, 2022 to June 11, 2023. Effective immediately.

Amends the Chicago Teacher Article of the Illinois Pension Code. Provides that until June 30, 2024, the service retirement pension of a service retirement pensioner shall not be cancelled if the service retirement pensioner is employed in a subject shortage area and the employer that is employing the service retirement pensioner meets specified requirements. Provides that an employer of a teacher who is unable to continue employment with the employer because of documented illness, injury, or disability that occurred after being hired by the employer is exempt from specified job posting requirements for 90 school days, but must on an ongoing basis comply with those requirements. Provides that the employer must submit documentation of its compliance to the regional superintendent. Provides that upon receiving satisfactory documentation from the employer, the regional superintendent shall certify the employer's compliance with the requirements to the Fund. Makes conforming and other changes. Effective immediately.