Rep. Anna Moeller

Amends the Survivor Support and Trafficking Prevention Article of the Illinois Public Aid Code. Repeals a provision making the Article inoperative on and after June 30, 2019. Effective immediately. House Floor Amendment No. 2 Deletes reference to: 305 ILCS 5/16-7 rep. Adds reference to: 305 ILCS 5/16-7 Replaces everything after the enacting clause. Amends the Survivor Support and Trafficking Prevention Article of the Illinois Public Aid Code. Provides that the provisions of the Article are inoperative on and after June 30, 2022 (rather than June 30, 2019). Effective immediately.

Amends the Equitable Restrooms Act. Provides that all restrooms that are open and accessible to the public in a public building shall be equipped with baby changing facilities that are physically safe, sanitary, and usable for that purpose. Provides that the requirement is in addition to any accommodations that may be made for individuals in accordance with any local, State, or federal laws regarding access for persons with disabilities and to existing fire, health, and safety codes or standards. Defines "public building". Makes a conforming change. House Floor Amendment No. 1 Deletes reference to: 410 ILCS 35/20 Replaces everything after the enacting clause. Amends the Equitable Restrooms Act. Requires every public building with restrooms open and accessible to the public to have at least one safe, sanitary, convenient, and publicly accessible baby diaper changing station that is accessible to women entering a restroom provided for use by women and one that is accessible to men entering a restroom provided for use by men, or at least one such baby diaper changing station that is accessible to both men and women. Provides exceptions to the requirement for: industrial buildings, nightclubs, or bars that do not permit anyone who is under 18 years of age to enter the premises; restrooms located in a health facility, if the restroom is intended for the use of one patient or resident at a time; and renovations, if a local building permitting entity or building inspector determines that the installation of a baby diaper changing station is not feasible or would result in a failure to comply with applicable building standards governing the right of access for persons with disabilities. Requires a public restroom that is open and accessible to the public and includes a baby diaper changing station to include signage at or near the entrance to the baby changing station indicating the location of the baby diaper changing station. Provides that the requirements are not enforceable by a private right of action.

Creates the Authorized Electronic Monitoring in Community-Integrated Living Arrangements and Developmental Disability Facilities Act. Provides that under certain conditions, a resident of a living arrangement certified under the Community-Integrated Living Arrangements Licensure and Certification Act and a resident of a developmental disability facility shall be permitted to use an audio and video surveillance system in his or her room at his or her own expense. Requires the electronic monitoring device to be placed in a conspicuously visible location in the room. Requires the Department of Human Services to establish a program to distribute specified funds each year for the purchase and installation of electronic monitoring devices. Establishes criminal penalties for a person or entity that knowingly hampers, obstructs, tampers with, or destroys an electronic monitoring device. Contains provisions concerning: resident and roommate consent to monitoring; notice of electronic monitoring to the staff and visitors; limitations on the staff's access to recordings; the admissibility of recordings in civil, criminal, and administrative actions; staff reporting; liability; and rulemaking. Makes other changes. Amends the Community-Integrated Living Arrangements Licensure and Certification Act and Mental Health and Developmental Disabilities Code to make conforming changes. Provides that it is a business offense for a person to discriminate or retaliate against a resident for consenting to the electronic monitoring, or to prevent the installation or use of an electronic monitoring device by a resident who has provided specified notice and consent. Makes other changes. Effective January 1, 2020. House Floor Amendment No. 4 Replaces everything after the enacting clause with the provisions of the introduced bill as amended by House Amendment No. 2 and House Amendment No. 3 with the following changes. Removes language allowing specified individuals to consent to authorized electronic monitoring if the resident or the roommate has not affirmatively objected to the monitoring and his or her physician determines that he or she lacks the ability to understand and appreciate the nature and consequences of electronic monitoring. Provides that if a resident chooses to install an electronic monitoring device that uses Internet technology for visual or audio monitoring, that resident is responsible for installing a secure, password-protected network. In provisions amending the Community-Integrated Living Arrangements Licensure and Certification Act and the Mental Health and Developmental Disabilities Code, provides that intentionally retaliating or discriminating against any recipient for consenting to authorized electronic monitoring, or preventing the installation or use of an electronic monitoring device by a recipient under the Act, is a business offense punishable by a fine not to exceed $1,000 (rather than $10,000).

Amends the Consent by Minors to Health Care Services Act. Provides that a minor of 12 years or older who may have come into contact with any sexually transmitted disease or may be determined to be an intoxicated person or a person with a substance use disorder, or who may have a family member who abuses drugs or alcohol, may give consent to the furnishing of health care services or counseling related to the prevention, diagnosis, or treatment, rather than just the diagnosis or treatment, of the disease.

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, 2020. Fiscal Note (Dept. of Public Health) HB 1442 would require staff time to complete the standing order. However, the fiscal impact would be nominal.

Creates the Home Birth Maternity Care Crisis Study Committee to provide the General Assembly a consumer-focused, evidence-based solution to the Illinois Home Birth Maternity Care Crisis. House Floor Amendment No. 1 Changes the date that the final report is due.

Amends the Animal Welfare Act. Provides that a kennel operator shall install in the kennel a fire alarm monitoring system that triggers notification to local emergency responders when activated. Provides that the Department of Agriculture shall deny the initial licensure or license renewal of a kennel operator for the failure to comply with this provision. House Committee Amendment No. 1 Deletes reference to: 225 ILCS 605/3.9 new Adds reference to: 225 ILCS 605/18.2 new Replaces everything after the enacting clause. Amends the Animal Welfare Act. Provides that a kennel operator that maintains dogs and cats for boarding that is not staffed at all times shall be equipped with at least one fire alarm system or fire sprinkler system in operating condition in every building of the kennel operator that is used for the housing of animals. Provides that an applicable federal, State, or local law, rule, or building code requiring the installation or maintenance of fire alarm monitoring systems in a manner different from, but providing a level of safety for occupants that is equal to or greater than that provided by the amendatory Act, shall be deemed to comply with the amendatory Act and the requirements of the more stringent law shall govern. Provides that the State Fire Marshal shall inspect, or shall direct a local fire marshal to inspect, a kennel operator that maintains dogs and cats for boarding when a resident makes a credible complaint alleging that the kennel operator is not in compliance with the amendatory Act. Provides that local fire inspectors shall determine whether a kennel operator is in compliance with the amendatory Act during the course of routine building and fire inspections of the kennel operator. Provides that local fire officials and the State Fire Marshal shall immediately notify the Department of Agriculture upon discovery that a kennel operator is not in compliance with the amendatory Act. Provides that the Department shall deny issuing a license under the Act to a kennel operator that is not in compliance with the amendatory Act. Provides that a kennel operator that is already licensed under the Act and found by the Department not to be in compliance with amendatory Act shall be liable for $500 for the first violation, $1,500 for the second violation, and $2,500 and the loss of the license for the third violation. House Floor Amendment No. 2 Replaces everything after the enacting clause with the provisions of the introduced bill as amended by House Amendment No. 1 with the following changes: Provides that a kennel operator that maintains dogs or cats for boarding and that is not staffed at all times shall be equipped with at least one fire alarm system or fire sprinkler system in operating condition in every building of the kennel operator that is used for the housing of animals. Requires the kennel operator to certify in its license application and annually certify in its license renewal that either: (1) its facility has a fire alarm system or a fire sprinkler system, and shall include with the application or license renewal an attached description and picture of the make and model of the system used; or (2) the kennel is staffed at all times dogs or cats are on the premises, and shall include with the application or license renewal an attached staffing plan. Requires the Department of Agriculture to include the certification on each application for license or license renewal. Provides that a qualified fire inspector may inspect a kennel operator that maintains dogs and cats for boarding during the course of performing routine fire inspections. Allows the inspector to inform the Department if, during a routine inspection, the fire inspector determines that the kennel operator does not have a fire alarm system or fire sprinkler system. Provides that, for the purposes of the amendatory Act's provisions, veterinary hospitals, practices, or offices are not kennel operators. Effective January 1, 2020.

Amends the Organ Donor Leave Act. Provides that an employer shall not retaliate against an employee for requesting or obtaining a leave of absence to donate blood, an organ, or bone marrow. Amends the Illinois Insurance Act. Provides prohibitions on denial of coverage and costs of premiums for living organ donors for life insurance, disability insurance, and long-term care insurance policies. Amends the Illinois Vehicle Code. Requires the Secretary of State to review and update certain public service announcements, websites, and other media relating to live organ donation to educate the public on the benefits of live organ donation and the impact of live organ donation on access to insurance. Effective January 1, 2020. House Committee Amendment No. 1 In provisions amending the Illinois Insurance Code, provides that it is unlawful to refuse to insure, to refuse to continue to insure, to limit the amount, extent, or kind of coverage available for life insurance, disability insurance, or long-term care insurance to an individual, or to charge an individual a different rate for the same coverage, solely because of the individual's status as a living organ donor (rather than providing specific prohibitions on denial of coverage and cost of premiums for living organ donors for life insurance, disability insurance, and long-term care insurance policies). Provides that with respect to all other conditions, as persons who are living organ donors shall be subject to the same standards of sound actuarial principles or actual or reasonably anticipated experience as are persons who are not organ donors. House Floor Amendment No. 2 Deletes reference to: 625 ILCS 5/6-117 from Ch. 95 1/2, par. 6-117 Adds reference to: 755 ILCS 50/5-47 Replaces everything after the enacting clause. Reinserts the introduced bill, as amended by House Amendment 1, with the following changes: Removes provisions amending the Illinois Vehicle Code. Amends the Illinois Anatomical Gift Act. Requires the Secretary of State to create a database consisting of all individuals who have consented to having their names included in the First Person Consent organ and tissue donor registry who have consented to having their names included in the First Person Consent organ and tissue donor registry. Provides what shall be included in the database and requires the Secretary of State to update the database not less than every 7 days. Allows an organ procurement organization that has executed a data access agreement with the Secretary of State to have online access to the database to determine whether a potential organ and tissue donor is included in the First Person Consent organ and tissue donor registry. Requires the organ procurement organization to indemnify and hold harmless the State, its officials, and employees for certain costs arising out of the organ procurement organization's use of the database. Effective January 1, 2020.

Amends the Equal Pay Act of 2003. Prohibits an employer from: (i) screening job applicants based on their wage or salary history, (ii) requiring that an applicant's prior wages satisfy minimum or maximum criteria, and (iii) requesting or requiring as a condition of being interviewed or as a condition of continuing to be considered for an offer of employment that an applicant disclose prior wages or salary. Prohibits an employer from seeking the salary, including benefits or other compensation or salary history, of a job applicant from any current or former employer, with some exceptions. Limits defenses. Provides for penalties and injunctive relief. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Equal Pay Act of 2003. Provides that the exceptions to the equal pay requirement based on sex also apply to the equal pay requirement for African-American employees. Provides that an employer may prohibit a human resources employee, supervisor, or other employee whose job responsibilities require or allow access to other employees' wage or salary information from disclosing that information without prior written consent from the employee whose information is sought or requested. Provides that specified provisions shall not be construed to prevent an employer or employment agency from: providing information about the wages, benefits, compensation, or salary offered in relation to a position; or engaging in discussions with an applicant for employment about the applicant's expectations with respect to wage or salary, benefits, and other compensation. Provides that an employer is not in violation of specified provisions when a job applicant voluntarily and without prompting discloses his or her current or prior wage or salary history, including benefits or other compensation, on the condition that the employer does not consider or rely on the voluntary disclosures as a factor in determining whether to offer a job applicant employment, in making an offer of compensation, or in determining future wages, salary, benefits, or other compensation. Makes other changes. Effective 60 days after becoming law. Senate Floor Amendment No. 2 Provides that a wage differential factor that is not based on sex or a factor that would constitute unlawful discrimination under the Illinois Human Rights Act must account for the differential (instead of "the entire differential").

Creates the Coal Ash Cleanup and Storage Act. Provides a short title only. Senate Committee Amendment No. 1 Adds reference to: 415 ILCS 5/3.135 was 415 ILCS 5/3.94 Replaces everything after the enacting clause. Creates the Coal Ash Pollution Prevention Act. Tasks the Environmental Protection Agency with enforcing the Act's provisions. Provides that specified coal combustion residual (CCR) units shall close. Provides that an owner or operator of a CCR unit required to close by removal shall, within 6 months of the Act's effective date, halt the placement of CCR in those CCR units and begin removal of the CCR in those CCR units. Provides that those owners or operators shall complete the removal of CCR from the CCR unit no later than 15 years after initiating the closure process at that CCR unit. Requires the submission by an owner or operator of a CCR unit of specified documentation to the Agency within 60 days of the Act's effective date. Provides that an operator of any CCR unit required to close by removal shall submit a closure plan to the Agency within 90 days after the Act's effective date. Specifies what shall be included in the closure plan. Provides requirements for Agency approval of a closure plan. Provides that an entity conducting closure activities shall utilize local labor and ensure that the work is performed by responsible contractors and subcontractors that pay workers the prevailing wage and fair benefits. Provides requirements for the transport of CCR, including manifests with specified information regarding the CCR being transported and a transport plan with specified requirements. Provides that no CCR that is removed from a CCR unit may be transported without a CCR transport permit approved by the Agency. Provides that no CCR removed from a CCR unit may be disposed of in a landfill off of the property on which the CCR unit is located without approval from the Agency. Provides that no CCR removed from any CCR unit may be beneficially used in Illinois unless the Agency has issued a beneficial use permit for that CCR. Provides that on or before October 1, 2022, and on October 1 of each even-numbered year thereafter until closure of all of a facility's CCR units is complete, the operator of a CCR unit shall compile a closure progress report. Provides that an owner or operator of a CCR unit from which CCR is required to be removed shall, within one year of the effective date of the Act, conduct a comprehensive evaluation of the extent of CCR pollution of groundwater, surface water, and soils at any property surrounding the property on which a CCR unit is located. Provides public notice, comment, and hearing requirements for applications, permits, plans, and reports submitted under the Act. Provides that an owner or operator of a CCR unit located in Illinois is required to provide and maintain financial assurance for closure and corrective action. Provides that, beginning 18 months after the Act's effective date, no CCR generated in Illinois may be treated, stored, or disposed of in a CCR surface impoundment or unlined CCR landfill. Contains provisions regarding violation of the Act and resulting civil penalties, criminal fines, or injunctive relief. Provides requirements for various applications, permits, plans, and reports submitted under the Act. Amends the Environmental Protection Act. Removes language providing that a "coal combustion by-product" (CCB) is a coal combustion waste when used beneficially in specified ways. Removes language restricting specified uses of coal combustion waste as a CCB. Removes language regarding beneficial use determinations of CCB. Makes other changes. Provides that the Act's provisions are severable. Effective immediately. Senate Floor Amendment No. 3 Deletes reference to: New Act 415 ILCS 5/3.135 Adds reference to: 415 ILCS 5/3.140 was 415 ILCS 5/3.76 415 ILCS 5/3.142 new 415 ILCS 5/3.143 new 415 ILCS 5/21 from Ch. 111 1/2, par. 1021 415 ILCS 5/22.59 new 415 ILCS 5/39 from Ch. 111 1/2, par. 1039 415 ILCS 5/40 from Ch. 111 1/2, par. 1040 30 ILCS 105/5.891 new Replaces everything after the enacting clause. Amends the Environmental Protection Act. Requires a permit for persons conducting any waste-storage, waste-treatment, or waste-disposal operation on CCR surface impoundments. Prohibits persons from performing any specified actions that may cause or tend to cause a violation of the Act. Requires the owner of a CCR surface impoundment to submit to the Agency for approval a closure alternatives analysis. Exempts owners or operators of CCR surface impoundments that have completed closure in accordance with a plan approved by the Agency prior to 12 months after the amendatory Act's effective date from obtaining a construction permit for the surface impoundment closure. Provides that the owner of a CCR surface impoundment shall post all closure plans, permit applications, and supporting documentation, and any Agency approval of the plans or applications on its publicly available website. Requires the owner or operator of a CCR surface impoundment to pay the following fees: an initial fee of $50,000 for closed CCR surface impoundments or $75,000 for CCR surface impoundments that have not completed closure; and annual fees of 25,000 for each CCR surface impoundment that has not completed closure or $15,000 for each CCR surface impoundment that has completed closure but has not completed post-closure care. Requires any monies forfeited to the State from any performance bond or other security required under the amendatory Act's provisions to be placed in the Coal Combustion Residual Surface Impoundment Financial Assurance Fund. Allows the Agency to issue RCRA permits exclusively to persons owning or operating a CCR surface impoundment. Requires a permit applicant to make available to the public for inspection all documents submitted by the applicant to the Agency in furtherance of an application, with the exception of trade secrets, at the office of the county board or governing body of the municipality where CCR from the CCR surface impoundment will be permanently disposed. Makes other changes. Amends the State Finance Act. Creates the Coal Combustion Residual Surface Impoundment Financial Assurance Fund. Effective immediately. Senate Floor Amendment No. 4 Makes changes to the bill as amended by Senate Amendment No. 3 to require owners and operators of CCR surface impoundments to have submitted a closure plan to the Agency by May 1, 2019 (currently, May 31, 2019) and to have completed closure prior to 24 months (currently, 12 months) after the amendatory Act's effective date in order to be exempt from obtaining a construction permit.