Rep. Anna Moeller

Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Provides that the Department of Public Health shall study the feasibility of creating a statewide registry of advance directives and Practitioner Order for Life-Sustaining Treatment forms. Amends the Illinois Living Will Act, the Health Care Surrogate Act, the Mental Health Treatment Preferences Declaration Act, and the Powers of Attorney for Health Care Law of the Illinois Power of Attorney Act. Provides that various types of documents may be in hard copy or electronic format. Provides that electronic declarations may be revoked, among other things, by deletion in a manner indicating the intention to revoke and in a manner that meets the requirements for a deletion by a provider deleting an entry in the electronic medical record. Provides that signature and execution requirements are satisfied by written signatures or initials and electronic signatures or computer-generated signature codes that meet the requirements for a signature by a provider making an entry into the electronic medical record. Provides that a person who enters information in an electronic system under the persona of the principal shall be held civilly liable. Makes conforming changes. Senate Floor Amendment No. 1 Adds reference to: 5 ILCS 175/5-115 5 ILCS 175/5-120 Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following changes: Provides that the Department of Public Health shall also consult with a statewide bar association, a national bar association with an Illinois chapter that concentrates in elder and disability law, and a not-for-profit organ procurement organization that coordinates organ and tissue donation in the study of the feasibility of creating a statewide registry of advance directives and POLST forms. Provides that the study must be filed with the General Assembly on or before January 1, 2021. Provides that an electronic declaration may be created, signed, or revoked electronically using a generic, technology-neutral system in which each user is assigned a unique identifier that is securely maintained and in a manner that meets the regulatory requirements for a digital or electronic signature. Deletes language providing that the signature and execution requirements are satisfied by electronic signatures or computer-generated signature codes that meet the requirements for a signature by a provider making an entry into the medical record. Deletes language providing that an electronic declaration may also be revoked by the principal's deletion in a manner indicating the intention to revoke and in a manner that meets the requirements for a deletion by a provider deleting an entry in the electronic medical records. Amends the Electronic Commerce Security Act. Deletes language providing that provisions regarding electronic records and electronic signatures shall not apply to any rule of law governing the creation or execution of a living will or healthcare power of attorney.

Amends the Mental Health and Developmental Disabilities Code. Makes a technical change in a Section concerning the short title. Senate Floor Amendment No. 1 Deletes reference to: 405 ILCS 5/1-100 Adds reference to: 410 ILCS 35/20 from Ch. 111 1/2, par. 3751-20 410 ILCS 35/25 new Replaces everything after the enacting clause. Amends the Equitable Restrooms Act. Provides that every single-occupancy restroom in a place of public accommodation or public building shall be identified as all-gender and designated for use by no more than one person at a time or for family or assisted use. Provides that "place of public accommodation" has the meaning provided in the Illinois Human Rights Act. Provides that each single-occupancy restroom shall be outfitted with exterior signage indicating "all-gender" or "gender-neutral". Provides that these provisions apply to any existing or future places of public accommodation or public buildings. Provides that during an inspection of a place of public accommodation or public building by a health officer or health inspector, the health officer or health inspector may inspect the place of accommodation or public building to determine whether it complies. Effective January 1, 2020. Senate Floor Amendment No. 2 Provides that each single-occupancy restroom shall be outfitted with exterior signage that marks the single-occupancy restroom as a restroom and does not indicate any specific gender (rather than exterior signage indicating "all-gender" or "gender-neutral").

Amends the Juvenile Court Act of 1987. Provides that the court has jurisdiction to make the findings necessary to enable a minor who has been adjudicated a ward of the court to petition the United States Citizenship and Immigration Services for classification as a special immigrant juvenile under federal law. Provides that if a motion requests findings regarding Special Immigrant Juvenile Status and the evidence, which may consist solely of, but is not limited to, a declaration of the minor, supports the findings, the court shall issue an order that includes the following findings: (1) the minor is declared a dependent of the court or the minor is legally committed to, or placed under the custody of, a State agency or department, or an individual or entity appointed by the court; (2) that reunification of the minor with one or both of the minor's parents is not viable due to abuse, neglect, abandonment, or other similar basis; and (3) that it is not in the best interest of the minor to be returned to the minor's or parent's previous country of nationality or last habitual residence. Makes other changes. House Committee Amendment No. 1 Adds reference to: 750 ILCS 5/603.11 new 750 ILCS 46/613.5 new 750 ILCS 50/17.01 new 750 ILCS 60/214.5 new 755 ILCS 5/11-5.5 new Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill. Deletes language providing that the special immigrant minor provisions of the Juvenile Court Act of 1987 do not apply to a minor who applies for special immigrant minor status solely for the purpose of qualifying for financial assistance for himself or herself or for his or her parents, guardian, or custodian. Amends the Illinois Marriage and Dissolution of Marriage Act, Illinois Parentage Act of 2015, the Adoption Act, and the Probate Act of 1975. Provides that a court of the State that is competent to petitions under those Acts has jurisdiction to make the findings necessary to enable a child, who is the subject of the action, to petition the United States Citizenship and Immigration Services for classification as a Special Immigrant Juvenile under federal law. Provides that if a motion requests findings regarding Special Immigrant Juvenile Status under federal law, and the evidence, which may consist solely of, but is not limited to, a declaration by the child, supports the findings, the court shall issue an order with certain specifications. Makes other changes.

Amends the Probate Act of 1975. Defines "administrative separation". Provides that a court lacks jurisdiction to proceed on a petition for the appointment of a guardian or standby guardian of a minor if it finds that the minor has a living parent whose parental rights have not been terminated, unless, among other things, the parent or parents, in the event of an administrative separation, are not presently located in the United States and are unable to consent as evidenced by a sworn affidavit. Provides that a parent or guardian shall not appoint a short-term guardian of a minor if the minor has another living parent whose parental rights have not been terminated, unless, among other things, the parent or parents, in the event of an administrative separation, are not presently located in the United States and are unable to consent as evidenced by a sworn affidavit. Makes conforming changes. Effective immediately. House Floor Amendment No. 1 Deletes reference to: 755 ILCS 5/11-10.1 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes: (1) changes the definition of "administrative separation"; (2) provides that the court lacks jurisdiction to proceed on a petition for the appointment of a guardian or standby guardian of a minor if the minor has a living parent, adoptive parent, or adjudicated parent, whose whereabouts are known, and who is willing and able to make and carry out day-to-day child care decisions, unless the parent or parents, due to an administrative separation, are unable to give consent to the appointment in person or by a notarized, written document as evidenced by a sworn affidavit describing the parent's or parents' inability to receive notice or give consent (rather than the parent or parents, in the event of an administrative separation, are not presently located in the United States and are unable to consent as evidenced by a sworn affidavit describing the present location of the parent out of the country and the attempts made to contact the parent); (3) deletes language providing that a parent or guardian shall not appoint a short-term guardian of a minor if the minor has another living parent, adoptive parent, or adjudicated parent whose whereabouts are known, and who is willing to carry out day-to-day child care decisions unless the parent or parents in the event of an administrative separation, are not presently located in the United States and are unable to consent as evidenced by a sworn affidavit describing the present location of the parent out of the country and the attempts made to contact the parent; (4) provides that a short-term guardian who was appointed as the result of an administrative separation may renew a short-term guardianship for an additional 365 days from the date the initial appointment expires if the administrative separation is still in effect, unless the written instrument provides for the appointment to terminate upon a different date or event; (5) deletes language providing that the petition for guardian or standby guardian of a minor must state the facts concerning any administrative separation proceeding; (6) provides specific facts that the petition for guardian or standby guardian of a minor must include and that documentation related to an administrative separation shall be attached to the petition as an exhibit; and (7) deletes language providing that failure to give notice to any relative or parent out of the country is not jurisdictional if the petitioner can attest to specific factors. Makes conforming changes. Effective immediately.

Amends the University of Illinois Hospital Act and Hospital Licensing Act. Provides that each hospital shall post, in each facility that has an emergency room, a notice in a conspicuous location in the emergency room with information about how to enroll in health insurance through the Illinois health insurance marketplace.

Amends the Wrongful Tree Cutting Act. Changes the definition of "stumpage". Defines "protected land" and "qualified professional forester or ecological restoration professional". Provides that any party found to have intentionally cut or knowingly caused to be cut any standing timber or tree, other than a tree or woody plant referenced in the Illinois Exotic Weed Act, on protected land, and the party did not have the legal right to so cut or cause to be cut, must pay the person or entity that owns or holds a conservation right to the land 3 times stumpage value plus remediation costs. Provides that nothing in the Act limits the rights of a party to pursue causes of action under other laws, including any available common law remedies for damages. Limits the relief available under the Act. Provides that the court shall allow a plaintiff who prevails to recover the cost of expenses incurred. Makes changes in provisions concerning appraisals and findings of value and expenses. Adds provisions concerning: remediation plans; court-ordered determinations of costs; assistance by the Department of Natural Resources; and use of awards under the Act. Makes other changes. Effective immediately.

Amends the Temporary Assistance for Needy Families Article of the Illinois Public Aid Code. Removes a provision requiring the Department of Human Services to increase TANF grant amounts in effect on June 30, 2008 by 15%. Provides that TANF grant amounts shall be apportioned as follows: 75% shall be designated for the child or children of the assistance unit; and 25% shall be designated for the adult member or members of the assistance unit. Removes a provision that permits the discontinuance of all or a part of a TANF recipient's grant amount as a penalty for noncompliance with TANF education, training, and employment programs. Requires the Department to, by rule, impose a 30% reduction of the portion of the grant amount designated for the adult member or members of an assistance unit when a member is found to be in noncompliance with program requirements without good cause. Provides that no sanction shall reduce the portion of the grant amount that is designated for any child of the assistance unit. Requires the full grant amount to be restored when an adult member or members are determined to be in compliance with program requirements. Provides that homelessness, receipt of an eviction notice, discontinued utilities, and other specified circumstances shall constitute good cause for failure to participate in required TANF education, training, and employment programs. Provides that beginning October 1, 2019, and each October 1 thereafter, the maximum TANF benefit levels shall be annually adjusted to remain equal to at least 30% of the most recent poverty guidelines updated periodically in the Federal Register by the U.S. Department of Health and Human Services for each family size. Effective immediately.

Creates the Native Prairie and Forage Preference Act. Provides that every State agency, where appropriate, shall give preference to using native prairie and forage plants to benefit pollinators, including, but not limited to, honey bees and monarch butterflies. Provides that the Department of Agriculture shall provide information when requested to support this initiative.

Amends the Property Tax Code. Creates a homestead exemption in the amount of a reduction of $5,000 from the equalized assessed value of property of police officers and firefighters with duty-related disabilities. Effective immediately. House Floor Amendment No. 2 Deletes reference to: 35 ILCS 200/15-169.1 new Adds reference to: 30 ILCS 105/5.891 new 30 ILCS 105/6z-107 new Replaces everything after the enacting clause. Amends the State Finance Act. Creates the Illinois Property Tax Relief Fund. Provides that moneys in the Illinois Property Tax Relief Fund shall be used to pay rebates to residential property taxpayers in the State. Provides that the Fund may accept moneys from any lawful source. Provides that the State Comptroller shall calculate a property tax rebate amount for the applicable property tax year by dividing the total amount appropriated from the Illinois Property Tax Relief Fund by the total number of homestead exemptions granted for homestead property in the State. Provides that the property tax bills of non-delinquent taxpayers who received a general homestead exemption under the Property Tax Code shall be reduced by the property tax rebate amount. Effective immediately.

Urges an investment of $1 billion by the State for affordable housing to be included in the next capital budget.