Rep. Terra Costa Howard

Amends the Guardians For Adults With Disabilities Article of the Probate Act of 1975. Changes the definition of "developmental disability" to mean a disability that is attributable to an intellectual disability or a related condition. Defines "intellectual disability" and “related condition”. Provides that, in the case of an intellectual disability, the required report for a petition for adjudication of disability and for appointment of a guardian shall include a psychological evaluation of the respondent that has been performed by a clinical psychologist within one year of the date of the filing of the petition. Makes a corresponding change. House Floor Amendment No. 1 Corrects a typographical error.

Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Provides that the Director of Public Health, if a physician licensed to practice medicine in all its branches in Illinois, shall establish a standing order complete with the issuance of a prescription for a hormonal contraceptive in accordance with the requirements of the provisions. Provides that if the Director is not a physician licensed to practice medicine in all its branches in Illinois, the Medical Director of the Department of Public Health shall establish the standing order. Amends the Illinois Insurance Code. Requires a group or individual policy of accident and health insurance or managed care plan to provide coverage for patient care services provided by a pharmacist. Makes conforming changes in the State Employees Group Insurance Act of 1971, the Counties Code, the Illinois Municipal Code, and the School Code. Amends the Pharmacy Practice Act. Provides that the definition of "practice of pharmacy" includes the dispensing of hormonal contraceptives pursuant to the standing order under provisions of the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Amends the Illinois Public Aid Code. Requires the medical assistance program to cover patient care services provided by a pharmacist for hormonal contraceptives assessment and consultation. Effective January 1, 2022. House Floor Amendment No. 1 Deletes reference to: 20 ILCS 2310/2310-705 new Adds reference to: 225 ILCS 85/43 new Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Further amends the Pharmacy Practice Act. Sets forth provisions concerning dispensation of hormonal contraceptives. Provides that the Department of Financial and Professional Regulation may adopt rules to implement the provisions. In provisions in the Illinois Public Aid Code concerning coverage for patient care services for hormonal contraceptives provided by a pharmacist, provides that the Department of Public Health (rather than the Director of Public Health) shall apply for any necessary federal waivers or approvals to implement the provisions by January 1, 2022. Provides that the Department shall submit to the Joint Committee on Administrative Rules administrative rules (rather than adopt administrative rules) as soon as practicable but no later than 6 months after federal approval is received (rather than no later than May 1, 2022). Removes changes to the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Removes language that provides that the provisions shall not be implemented until the receipt of all necessary federal waivers or approvals or until January 1, 2024, whichever comes first, and if federal approval is not obtained by January 1, 2024, the provisions shall be implemented using State funds. Senate Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the engrossed bill with the following changes. 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, 2023 (rather than the effective date of the amendatory Act) shall provide coverage for health care or patient care services provided by a pharmacist if specified conditions are met (instead of coverage for patient care services provided by a pharmacist for hormonal contraceptives assessment and consultation). Amends the Pharmacy Practice Act to provide that nothing in the provisions concerning dispensation of hormonal contraceptives shall be interpreted to require a pharmacist to dispense hormonal contraception under a standing order issued by a physician licensed to practice medicine in all its branches or the medical director of a local health department (rather than also under a standing order issued by the Medical Director of the Department of Public Health). Changes the definition of "practice of pharmacy". Effective January 1, 2023 (rather than January 1, 2022). Senate Floor Amendment No. 2 Provides that the bill takes effect on January 1, 2022, except that provisions amending the Illinois Insurance Code take effect on January 1, 2023 (rather than all provisions taking effect on January 1, 2023).

Amends the Children and Family Services Act. In a provision concerning the composition of the Direct Child Welfare Service Employee License Board, provides that, in addition to other specified members, the Board must include 5 licensed professionals from the field of human services with a human services, juris doctor, medical, public administration, or other relevant human services degree (rather than 5 licensed professionals from the field of human services with a human services degree or equivalent course work as required by rule of the Department of Children and Family Services). Amends the Adoption Act. Provides that calls to the toll-free number maintained by the Department of Children and Family Services to respond to requests from the public about its post-placement and post-adoption support services shall be answered no more than one business day after (rather than 24 hours from) receipt of the request.

Amends the Children and Family Services Act. Beginning with the 2021-2022 academic year, requires the Department of Children and Family Services to establish and administer the Child Welfare Education Stipend Pilot Program to provide financial assistance to students who commit to seek and maintain employment at an Illinois purchase of service agency that contracts with the Department following their graduation from a participating institution of higher education with a degree in social work. Sets forth provisions concerning an intergovernmental agreement, student eligibility and renewal, the stipend amount, the student's employment obligation, repayment of a stipend, Department and institution requirements, reporting, and rulemaking. Effective July 1, 2021. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the contents of the bill with the following changes. Renames the program as the Pat McGuire Child Welfare Education Fellowship Pilot Program. Makes changes concerning the General Assembly's findings, definitions, the duration of the pilot program, the purpose of the program, the stipend amount, eligibility for a stipend, employment requirements, repayment, and reporting, among other changes. Effective July 1, 2021.

Creates the Higher Education Housing and Opportunities Act. Requires an institution of higher education (including a business, technical, or vocational school) to designate at least one employee who works within the financial aid department, campus housing services, or any other appropriate office or department, as may be determined by the institution, to serve as a liaison between the institution and a homeless student or student in care who is enrolled at the institution. Sets forth the responsibilities of the liaison, the Board of Higher Education, and the institution. Effective August 1, 2022. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the contents of the bill with the following changes. Adds the Illinois Community College Board as a governing body with responsibilities under the Act. Requires an institution to create a position to carry out the responsibilities of a liaison if the number of students experiencing homelessness or students in care exceeds 2% (rather than 1%) of the student body. Effective August 1, 2022.

Amends the School Code and various Acts relating to the governance of public universities and community colleges in Illinois. Provides that the governing board of each school district, public university, and community college district must allow a student athlete to modify his or her athletic or team uniform for the purpose of modesty in clothing or attire that is in accordance with the requirements of his or her religion. Provides that a modification to the uniform may include, but is not limited to, the wearing of a hijab, an undershirt, or leggings. Provides that the student is responsible for all costs associated with the modification of the uniform, but allows a school or institution of higher education to provide the modification to its students. Provides that the school or the institution must approve the request from a student to modify the uniform to ensure that the modification does not pose a safety hazard to the student or to other athletes or players. Sets forth requirements for modified headgear. Effective immediately. House Committee Amendment No. 1 Adds reference to: 105 ILCS 5/22-90 new 105 ILCS 5/27A-5 Replaces everything after the enacting clause. Reinserts the contents of the bill with the following changes. Provides that the governing board must also allow a modification for the purpose of modesty in clothing or attire that is in accordance with his or her cultural values or modesty preferences. Removes language that provides that the request from a student to modify his or her athletic or team uniform must be approved by the governing board and the board shall reasonably accommodate the student's request. Provides instead that the student shall not be required to receive prior approval from the governing board for the modification. Provides that recognized nonpublic schools and charter schools must also allow a student athlete to modify his or her athletic or team uniform for the purpose of modesty in clothing or attire that is in accordance with the requirements of his or her religion or his or her cultural values or modesty preferences. Effective immediately.

Amends the Probate Act of 1975. Provides that, in a case regarding temporary guardianship, if no limited or plenary guardian has been appointed in a case regarding temporary guardianship, the court may grant an extension up to an additional 60 days or until a limited or plenary guardian has been appointed. Provides that the court may appoint separate individuals or entities or co-guardians to act as the guardian of the person and the guardian of the estate of a person with a disability under certain circumstances. Provides that a guardian is entitled to reasonable and appropriate fees, if certain conditions are met. Provides that fees awarded to a guardian shall be considered as a first-class claim for administrative expenses and paid from the guardianship estate from the decedent's estate. Adds procedures regarding the succession of a new public guardian. Makes formatting changes in Sections concerning: definitions; statutory forms; short-term guardians; preliminary hearings; domestic violence orders of protection; sterilization of the ward; and notice of rights of the ward. Changes references to "best interest" to "best interests". Amends the Illinois Power of Attorney Act. Provides that if an agent seeks guardianship of the principal, the petition for guardianship must delineate the specific powers to be granted to the guardian that are not already included in the power of attorney. Senate Floor Amendment No. 1 Provides that a petitioner who seeks to revoke or construe a power of attorney for the alleged person with a disability, or review the agent's conduct, shall do so in conformity with the Illinois Power of Attorney Act, and as set forth in specified provisions of the Probate Act of 1975. Provides that the right to ask for the appointment of a limited guardian be stated in the summons that is served to the respondent. Provides that one person or agency may be appointed a limited or plenary guardian of the person and another person or corporate trustee appointed as a limited or plenary guardian of the estate. Provides that, upon the death of the ward, fees and costs awarded shall be considered as a first-class claim for administrative expenses and may be paid from the guardianship estate or from the decedent's estate. Includes additional final fees and costs relating to guardianship, as determined by the court, as first-class claims against a decedent's estate.

Amends the Courses of Study Article of the School Code. Requires every public elementary school and high school to include in its curriculum a unit of instruction studying the events of Asian American history; contains provisions governing this instruction. Provides that the teaching of history of the United States shall include the study of the wrongful incarceration of Japanese Americans during World War II and the heroic service of the 100th Infantry Battalion and the 442nd Regimental Combat Team of the United States Army during World War II. Senate Floor Amendment No. 2 Deletes reference to: 105 ILCS 5/27-21 Removes the provisions relating to the history of the United States.

Amends the Liquor Control Act of 1934. Provides that payment by credit card during the period during which merchandising credit may be extended shall be considered payment. Provides that a retailer may use a credit card to make purchases from a distributor, and the distributor may charge to the retailer any fees associated with that credit card transaction. Provides that manufacturers, non-resident dealers, foreign importers, distributors, or importing distributors may make certain donations related to COVID-19. Provides that retail license holders may accept those donations. Repeals provisions related to the receipt of items of value on January 1, 2024. Authorizes the delivery and carry out of a single serving of wine if specified conditions are met. Provides that the provision concerning delivery and carry out of mixed drinks is repealed on January 1, 2024 (instead of June 2, 2021). Makes other changes. Amends the Use Tax Act and the Retailers' Occupation Tax Act. Provides that, with respect to certain eating and drinking establishments, the obligation to make quarter monthly payments shall be suspended, and the taxpayer shall, instead, make monthly payments as otherwise provided by law. Effective immediately. Senate Committee Amendment No. 1 Deletes reference to: 235 ILCS 5/6-6.65 new Removes provisions from the introduced bill allowing manufacturers, non-resident dealers, foreign importers, distributors, or importing distributors to make certain donations related to COVID-19. House Committee Amendment No. 1 Deletes reference to: 35 ILCS 105/9 35 ILCS 120/3 Replaces everything after the enacting clause with the provisions of the engrossed bill with the following changes. In the Liquor Control Act of 1934, adds to the definition of "original container" a container that is filled and labeled by the manufacturer and secured by the manufacturer's original unbroken seal. Provides that "sealed container" includes a manufacturer's original container. Provides that a manufacturer's original container shall be affixed with a label or tag that contains the name, license number, and address of the retail licensee that sold the product. Provides for repeal of provisions concerning delivery and carry out of mixed drinks on January 1, 2025 (rather than January 1, 2024). Removes provisions amending the Use Tax Act and the Retailers' Occupation Tax Act. Effective immediately. House Floor Amendment No. 2 Adds reference to: 235 ILCS 5/6-37 new Provides for repeal of provisions concerning delivery and carry out of mixed drinks on January 3, 2024 (rather than January 1, 2025). Further amends the Liquor Control Act of 1934. Provides that, from June 10, 2021 through July 10, 2021, a retail licensee may offer a single drink of alcoholic liquor at no cost to a customer as part of a publicly advertised promotion to encourage participation in any COVID-19 vaccination program if the customer provides proof of COVID-19 vaccination received at any time. Provides that drinks may be provided only from 6 p.m. through 10 p.m. Provides that a retail licensee's participation in providing a single drink of alcoholic liquor is voluntary. Allows the retail licensee to determine or restrict which single drink of alcoholic liquor it will provide at no cost but provides that under no circumstances may a single drink of alcoholic liquor exceed 1.5 ounces of distilled spirits, 5 ounces of wine, or 12 ounces of beer. Allows a local liquor control commissioner or local liquor control commission to prohibit retail licensees within its jurisdiction from providing a single drink of alcoholic liquor at no charge by promulgating a rule or policy preempting this Section. Provides that, after receiving a single drink of alcoholic liquor at no charge, no customer shall receive a subsequent drink from the retail licensee providing the drink at no charge or from another retail licensee on the same day or any subsequent day. Requires the retail licensee to develop procedures to verify the identity of the vaccinated customer by comparing the vaccination card to a form of valid federal or State identification. Provides that the retail licensee shall develop procedures to ensure that a customer does not obtain more than a single drink at no charge and the retail licensee shall be subject to penalties imposed by the State Commission if the retail licensee provides more than a single drink to a particular customer at no charge. Provides that the Illinois Liquor Control Commission may publish further guidelines on the implementation of this Section not inconsistent with this Section and shall post them on the State Commission's website. Provides for repeal of the provisions on July 11, 2021. Makes other changes.

Urges the U.S. Congress to take action in passing the necessary legislation to advance the human rights and protections of the immigrant community in the United States.