Rep. Will Guzzardi

Amends the State Treasurer Act. Makes changes concerning the Illinois Higher Education Savings Program. Provides that the State Treasurer may make supplementary deposits to children in financially insecure households if sufficient funds are available. Provides that the State Treasurer shall annually prepare a report that includes a summary of the Program operations for the preceding fiscal year, including, among other items, the rate of seed deposits claimed, and, to the extent data is reported and available, the racial, ethnic, socioeconomic, and geographic data of beneficiaries and of children in financially insecure households who may receive automatic bonus deposits. Provides that such other information that is relevant to make a full disclosure of the operations of the Program and Fund may also be reported. Makes conforming changes.

Amends the Overdose Prevention and Harm Reduction Act. Provides that a pharmacist or physician may dispense drug adulterant testing supplies, such as reagents, test strips, or quantification instruments, to any person. Provides that no employee or volunteer of or participant in a program established under the Act or any employee or customer of a pharmacy, hospital, clinic, or other health care facility or medical office dispensing drug adulterant testing supplies in accordance with the Act shall be charged with or prosecuted for possession of specified materials. Provides that a law enforcement officer who, acting on good faith, arrests or charges a person who is thereafter determined to be entitled to immunity from prosecution shall not be subject to civil liability for the arrest or filing of charges. Provides that any record of a person that is created or obtained for use by a needle and hypodermic syringe access program or by a pharmacy, hospital, clinic, or other health care facility or medical office in connection with the dispensing of drug adulterant testing supplies must be kept confidential. Contains other provisions. Effective immediately. House Floor Amendment No. 1 Deletes reference to: 410 ILCS 710/15 new 410 ILCS 710/20 new Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Removes provisions regarding waiver of criminal penalties and confidentiality. Restores language prohibiting employees or volunteers of or participants in a program established under the Act from being charged with or prosecuted for possession of certain items. Removes references to reagents, test strips, and quantification instruments. Provides that no quantity of drug adulterant testing supplies greater than necessary to conduct 5 assays of substances suspected of containing adulterants shall be dispensed in any single transaction. Removes language providing that the amendatory Act is effective immediately. Makes other changes. Senate Committee Amendment No. 1 Provides that provisions regarding the dispensing of drug adulterant testing supplies apply to advanced practice registered nurses and physician assistants. Provides that the amendatory Act is effective immediately.

Amends the Environmental Protection Act. Provides that a pyrethroid pesticide may only be applied by a commercial applicator for commercial or residential use if an evidence-based model of application complying with specified requirements is used. Requires the Environmental Protection Agency to adopt rules creating a process meeting specified requirements for the licensure of commercial applicators for residential treatment of pyrethroid pesticides. Provides that the Agency may adopt any rules it deems necessary to implement and administer the amendatory provisions. House Floor Amendment No. 2 Deletes reference to: 415 ILCS 5/21.8 new Adds reference to: 415 ILCS 60/4 415 ILCS 60/13.4 new 415 ILCS 60/13.5 new Replaces everything after the enacting clause. Amends the Illinois Pesticide Act. Defines "barrier mosquitocide" and "barrier mosquitocide treatment". Prohibits the application of a barrier mosquitocide by a commercial applicator between October 15 an April 15 unless (1) the Department of Agriculture determines, as a part of a rulemaking proceeding, that there is evidence of a significant unmet need for the commercial application of barrier mosquitocides between October 15 and April 15 due to the abundance of target mosquito populations in the State during that period or (2) the barrier mosquitocide treatment is made for public health purposes by or on behalf of a mosquito abatement district, public health department, township, municipality, or other unit of local government. Requires a commercial applicator of barrier mosquitocides to meet specified minimum requirements regarding the application of barrier mosquitocides. Requires the Department to adopt rules to expand its existing commercial applicator licensure and testing program to include training in the residential application of barrier mosquitocides. Provides that the Department may partner with the University of Illinois to develop and administer a voluntary continuing education curriculum to include in-depth pollinator and ecological protection. Prohibits the installation or use of a residential automatic pesticide misting system in the State. Makes other changes. Effective January 1, 2023. Senate Floor Amendment No. 1 Specifies that a product that is exempt from registration under the Federal Insecticide, Fungicide, and Rodenticide Act (or rules adopted under that Act) is not a barrier mosquitocide. Provides that no commercial applicator shall apply a barrier mosquitocide between October 16 and April 14 (rather than between October 15 and April 15).

Amends the Children and Family Services Act. Requires the Department of Children and Family Services and the Department of Human Services to jointly develop and administer a program that provides free and accessible child care services to parenting youth in foster care. Grants the Departments rulemaking authority. House Committee Amendment No. 1 Deletes reference to: 20 ILCS 505/5.21 new Adds reference to: 305 ILCS 5/9A-11 from Ch. 23, par. 9A-11 Replaces everything after the enacting clause. Amends the Illinois Public Aid Code. Expands eligibility under the Department of Human Services' Child Care Assistance Program to include the following categories of families: (i) foster parents or caregivers of youth in care, regardless of whether they are working or participating in Department-approved employment or education or training programs; (ii) youth in care who are parents, regardless of whether they are working or participating in Department-approved employment or education or training programs; (iii) parents who have custody of their children and their children are the subjects of pending cases under Article II of the Juvenile Court Act of 1987, regardless of whether they are working or participating in Department-approved employment or education or training programs; (iv) families with children who have an open intact family services case with the Department of Children and Family Services (rather than families with children under the age of 5 who have an open intact family services case with the Department of Children and Family Services); and (v) families receiving Extended Family Support Program services from the Department of Children and Family Services, regardless of whether they are working or participating in Department-approved employment or education or training programs. Provides that youth in care who are parents and parents whose children are the subjects of pending cases under Article II of the Juvenile Court Act of 1987 shall receive extended child care eligibility for a specified period of time, regardless of whether they are working or participating in Department-approved employment or education or training programs. Effective July 1, 2023. Senate Committee Amendment No. 1 Adds reference to: 20 ILCS 505/5a from Ch. 23, par. 5005a 325 ILCS 20/3 Replaces everything after the enacting clause. Amends the Illinois Public Aid Code. Expands eligibility under the Department of Human Services' Child Care Assistance Program to include the following categories of families: (i) youth in care who are parents, regardless of income or whether they are working or participating in Department-approved employment or education or training programs; and (ii) families receiving Extended Family Support Program services from the Department of Children and Family Services, regardless of income or whether they are working or participating in Department-approved employment or education or training programs. Provides that beginning October 1, 2023, and every October 1 thereafter, the Department of Children and Family Services shall report to the General Assembly on the number of children who received child care via vouchers paid for by the Department of Children and Family Services during the preceding fiscal year. Requires the report to include the ages of children who received child care, the type of child care they received, and the number of months they received child care. Amends the Early Intervention Services System Act. Expands the definition of "eligible infants and toddlers" to include any child under the age of 3 who is the subject of a substantiated case of child abuse or neglect as defined in the federal Child Abuse Prevention and Treatment Act. Amends the Children and Family Services Act. Provides that the rates paid to day care providers by the Department of Children and Family Services shall match the rates paid to child care providers by the Department of Human Services under the child care assistance program, including base rates and any relevant rate enhancements. Effective immediately, except that certain provisions take effect on July 1, 2023.

Amends the Illinois Insurance Code. Provides that a group or individual policy of accident and health insurance that is amended, delivered, issued, or renewed on or after January 1, 2023 that provides coverage for prescription drugs shall provide coverage for prenatal vitamins when prescribed by a physician licensed to practice medicine in all of its branches. House Committee Amendment No. 1 Provides that a group or individual policy of accident and health insurance that is amended, delivered, issued, or renewed on or after January 1, 2024 (rather than January 1, 2023) that provides coverage for prescription drugs shall provide coverage for prenatal vitamins when prescribed by a physician licensed to practice medicine in all of its branches. Senate Committee Amendment No. 1 Provides that a group or individual policy of accident and health insurance that is amended, delivered, issued, or renewed on or after January 1, 2024 that provides coverage for prescription drugs shall provide coverage for prenatal vitamins when prescribed by a physician licensed to practice medicine in all of its branches or an advanced practice registered nurse licensed under the Nurse Practice Act (rather than only a physician).

Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Defines "homeless service provider" to mean a person or entity who provides services to homeless persons under any of the programs of or identified by the Department of Human Services. Requires the Department of Public Health to consider all homeless service providers in the State to be essential critical infrastructure workers under specified guidance from the federal Cybersecurity and Infrastructure Security Agency. Provides that the Department shall ensure that homeless service providers qualify for the same priority benefits afforded to health care organizations and frontline workers by the State, including federal COVID-19 relief funding, personal protective equipment, and vaccinations. Provides for repeal of the provisions on January 1, 2023. Effective immediately. House Floor Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Removes language providing for repeal of the provisions on January 1, 2023. Provides that the Department of Public Health may adopt rules for the implementation and administration of the provisions and to ensure that homeless service providers are considered essential critical infrastructure workers in the event of a pandemic. House Floor Amendment No. 2 Provides that the Department of Public Health shall ensure that homeless service providers qualify for the same priority benefits afforded to frontline workers (rather than health care organizations and frontline workers) by the State. Senate Committee Amendment No. 1 Deletes reference to: 20 ILCS 2310/2310-431 new Adds reference to: 20 ILCS 2310/2310-434 new Replaces everything after the enacting clause with the provisions of the engrossed bill with the following changes. Adds a statement of purpose. Requires the Department of Public Health to consider all homeless service providers in the State to be essential critical infrastructure workers in accordance with the most recent guidance from the federal Cybersecurity and Infrastructure Security Agency (rather than under the Agency's "Essential Critical Infrastructure Workers Guidance Version 4.0"). Provides that during a federally-designated public health emergency or a public health disaster declared by a proclamation issued by the Governor under specified provisions of the Illinois Emergency Management Agency Act, the Department and the Illinois Emergency Management Agency shall offer recommendations to their local counterparts encouraging them to consider homeless service providers when making determinations about providing assistance.

Amends the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, or Stalking Act. Renames the Act the Address Confidentiality for Victims of Domestic Violence, Human Trafficking, Sexual Assault, or Stalking Act. Defines "human trafficking". Makes the Act's requirements applicable to victims of human trafficking. House Committee Amendment No. 1 Adds reference to: 5 ILCS 140/7.5 10 ILCS 5/1A-16 10 ILCS 5/19-1 from Ch. 46, par. 19-1 10 ILCS 5/20-3 from Ch. 46, par. 20-3 750 ILCS 61/30 750 ILCS 61/35 Replaces everything after the enacting clause. Amends the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, or Stalking Act. Changes the name of the Act to the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Human Trafficking, or Stalking Act. Makes the Act's requirements applicable to victims of human trafficking. Deletes language providing that: a program participant who is otherwise qualified to vote may apply to vote under the Election Code; the program participant shall automatically receive absentee ballots for all elections in the jurisdictions for which that individual resides; and the election authority shall transmit the absentee ballot to the program participant at the address designated by the participant in his or her application. Provides instead that a program participant who is otherwise qualified to vote may register to vote by submitting an Illinois Address Confidentiality Program Voter Registration Application created by the State Board of Elections to the appropriate election authority. Provides that the State Board of Elections (rather than the Attorney General) shall adopt rules to ensure the integrity of the voting process and the confidentiality of the program participant. In a provision regarding when disclosure of an address is prohibited, removes the exception requirement that a certification has been canceled. Exempts a program participant's address and phone number on file with the Attorney General from being disclosed under the Freedom of Information Act. Makes corresponding changes in the Freedom of Information Act and the Election Code. Senate Floor Amendment No. 1 Deletes reference to: 5 ILCS 140/7.5 10 ILCS 5/1A-16 10 ILCS 5/19-1 from Ch. 46, par. 19-1 10 ILCS 5/20-3 from Ch. 46, par. 20-3 750 ILCS 61/1 750 ILCS 61/5 750 ILCS 61/10 750 ILCS 61/11 750 ILCS 61/15 750 ILCS 61/30 750 ILCS 61/35 750 ILCS 61/40 Adds reference to: 735 ILCS 5/13-207 from Ch. 110, par. 13-207 Replaces everything after the enacting clause. Amends the Code of Civil Procedure. In a provision concerning a counterclaim or set-off, provides that a defendant may plead a set-off or counterclaim barred by the statute of limitation or the statute of repose (rather than only the statute of limitation), while held and owned by him or her, to any action, the cause of which was owned by the plaintiff or person under whom he or she claims, before such set-off or counterclaim was so barred, and not otherwise. Provides that the changes made to this provision apply to claims initiated on or after the effective date of the amendatory Act. Effective immediately. Senate Floor Amendment No. 2 Deletes reference to: 5 ILCS 140/7.5 10 ILCS 5/1A-16 10 ILCS 5/19-1 from Ch. 46, par. 19-1 10 ILCS 5/20-3 from Ch. 46, par. 20-3 750 ILCS 61/1 750 ILCS 61/5 750 ILCS 61/10 750 ILCS 61/11 750 ILCS 61/15 750 ILCS 61/30 750 ILCS 61/35 750 ILCS 61/40 Adds reference to: 735 ILCS 5/13-207 from Ch. 110, par. 13-207 Replaces everything after the enacting clause. Amends the Code of Civil Procedure. In a provision concerning a counterclaim or set-off, provides that a defendant may plead a set-off or counterclaim barred by the statute of limitation or the statute of repose (rather than only the statute of limitation), while held and owned by him or her, to any action, the cause of which was owned by the plaintiff or person under whom he or she claims, before such set-off or counterclaim was so barred, and not otherwise. Provides that the changes made to this provision apply to claims initiated on or after the effective date of the amendatory Act and to claims intentionally filed to preclude a defendant a reasonable opportunity to file a counterclaim within the original limitation period. Effective immediately.

Amends the School Code. Provides that alternative learning opportunities programs may include high school completion programs that allow certain students eligible for remote learning to complete their education while incarcerated in a Department of Corrections facility. Provides that the Chicago Board of Education may offer a remote learning option to a student who is in the custody of the Department of Corrections if the student (i) is enrolled at Consuella B. York Alternative High School at the time the student is transferred to a Department of Corrections facility or had been enrolled in the school within the 6 months prior to being transferred to a Department of Corrections facility and (ii) is within 2 school years of completing all of the course requirements necessary for high school graduation. Allows the school district to continue to offer the option of remote learning to the student to complete any remaining course requirements necessary for high school graduation for up to one school year following the student's release from the custody of the Department of Corrections. Effective immediately. Senate Floor Amendment No. 1 Provides that the Chicago Board of Education's offer of the option of remote learning is subject to appropriation. Provides that the Department of Corrections educators and security staff shall be involved in assisting and supervising students participating in the pilot program. Provides that the Department of Corrections shall negotiate with all bargaining units involved to ensure that the implementation of the pilot program is consistent with collective bargaining agreements.

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.