Rep. Barbara Hernandez

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 Mental Health and Developmental Disabilities Code. Makes a technical change in a Section concerning the definition of "care and custody". House Floor Amendment No. 1 Deletes reference to: 405 ILCS 5/1-102 Adds reference to: New Act 50 ILCS 705/6 from Ch. 85, par. 506 50 ILCS 705/6.8 new 30 ILCS 105/5.970 new Replaces everything after the enacting clause. Creates the First Responder Mental Health Grant Program Act. Provides that, subject to appropriation, there is created within the Department of Human Services a First Responder Behavioral Health Grant Program to provide grants to the following recipients: (1) units of local government; (2) law enforcement agencies; (3) fire protection districts; (4) school districts; (5) public or private hospitals; or (6) ambulance services that employ first responders. Creates a First Responder Behavioral Health Grant Fund in the State treasury, which shall be used by the Secretary of Human Services to make grants to eligible recipients. Provides that recipients eligible for grants shall use the grants for expenses related to behavioral health care services for first responders, including, but not limited to, telehealth services. Provides that an employer may not reduce behavioral health care provided through a first responder's employee benefit package as a result of the receipt of grant funds under the Act. Provides that all records, notes, and conclusions by a treatment provider providing behavioral health care to first responders whose employers receive grants under the Act shall not be shared with the employer unless otherwise mandated by law. Amends the State Finance Act to make conforming changes. Amends the Illinois Police Training Act. Replaces provisions stating that the Illinois Law Enforcement Training Standards Board has the power and duty to establish statewide standards regarding regular mental health screenings of probationary and permanent police officers with provisions giving the Board the power and duty to establish statewide minimum standards regarding: (1) psychological screenings of recruit officers hired after the standards go into effect and annual psychological screenings of probationary and permanent officers; and (2) regular, confidential mental health counseling for probationary and permanent police officers in addition to the mental health counseling related to an officer's fitness for duty examinations. Lists specific items required to be included in the standards relating to psychological screenings and mental health counseling. Provides that records of psychological screenings and mental health counseling sessions, as well as any portions of documents referencing the psychological screenings or mental health counseling sessions that contain a personally identifiable information of an officer who underwent the screening or counseling session, are exempt from disclosure under the Freedom of Information Act. House Floor Amendment No. 2 Deletes reference to: 405 ILCS 5/1-102 Adds reference to: New Act Replaces everything after the enacting clause. Creates the First Responder Mental Health Grant Program Act. Provides that, subject to appropriation, there is created within the Department of Human Services a First Responder Behavioral Health Grant Program to provide grants to the following recipients: (1) units of local government; (2) law enforcement agencies; (3) fire protection districts; (4) school districts; (5) public or private hospitals; or (6) ambulance services that employ first responders. Creates a First Responder Behavioral Health Grant Fund in the State treasury, which shall be used by the Secretary of Human Services to make grants to eligible recipients. Provides that recipients eligible for grants shall use the grants for expenses related to behavioral health care services for first responders, including, but not limited to, telehealth services. Provides that an employer may not reduce behavioral health care provided through a first responder's employee benefit package as a result of the receipt of grant funds under the Act. Provides that all records, notes, and conclusions by a treatment provider providing behavioral health care to first responders whose employers receive grants under the Act shall not be shared with the employer unless otherwise mandated by law. House Floor Amendment No. 3 Adds reference to: 30 ILCS 105/5.970 new Makes changes to the bill as amended by House Amendment No. 2 to provide that the First Responder Behavioral Health Grant Fund is a special fund in the State treasury. Adds provisions amending the State Finance Act to make conforming changes.

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, 2024 shall provide coverage for the cost of the genetic testing of the BRCA1 and BRCA2 genes to detect an increased risk for breast and ovarian cancer if recommended by a health care provider in accordance with the United States Preventive Services Task Force's recommendations for testing.

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 Illinois Vehicle Code. Allows the money in the Illinois Police Association Fund to be used for providing death benefits for the families of members of the Illinois Police Association dying of natural causes, and for providing scholarships to children and spouses of members of the Illinois Police Association dying of natural causes.

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 Illinois Insurance Code. Provides that an insured or any other person who may be the owner of rights under a policy of life insurance may make an irrevocable assignment of all or a part of his or her rights under the policy to a funeral home in accordance with a specified provision of the Illinois Funeral or Burial Funds Act. Provides that a policy owner who executes a designation beneficiary form irrevocably waives and cannot exercise certain rights. Amends the Illinois Funeral or Burial Funds Act. In a provision concerning pre-need contracts funded through the purchase of a life insurance policy or tax-deferred annuity contract, provides that nothing shall prohibit the purchaser from irrevocably assigning ownership of the policy or annuity to a person or trust or from irrevocably assigning the benefits of the policy or annuity to a funeral home for the purpose of obtaining favorable consideration for Medicaid, Supplemental Security Income, or another public assistance program. Requires the insured or any other person who may be the owner of rights under the policy of whole life insurance to sign a guaranteed pre-need contract with the provider that describes the cost of the goods and services to be provided upon the person's death, up to $6,774, except that any portion of a contract that clearly represents the purchase of burial space is exempt regardless of value. Amends the Aid to the Aged, Blind or Disabled Article of the Illinois Public Aid Code. In a provision requiring the Department of Human Services to exempt certain prepaid funeral or burial contracts from consideration when making an eligibility determination for medical assistance, provides that at any time after submitting an application for medical assistance and before the Department makes a final determination of eligibility, an applicant may use available resources to purchase one of the exempted prepaid funeral or burial contracts. Exempts up to $6,774 (rather than $5,874) in funds under an irrevocable prepaid funeral or burial contract when determining an individual's resources and eligibility for medical assistance. Contains provisions concerning exemptions; irrevocable designation of beneficiary forms; and other matters. House Committee Amendment No. 1 Deletes reference to: 215 ILCS 5/245.3 new 225 ILCS 45/2a 225 ILCS 45/2b new Replaces everything after the enacting clause. Amends the Illinois Public Aid Code. In a provision requiring the Department of Human Services to exempt certain prepaid funeral or burial contracts from consideration when making an eligibility determination for medical assistance, provides that at any time after submitting an application for medical assistance and before a final determination of eligibility has been made by the Department, an applicant may use available resources to purchase one of the exempted prepaid funeral or burial contracts. Senate Committee Amendment No. 1 Adds reference to: 215 ILCS 5/245.3 new 225 ILCS 45/2a 225 ILCS 45/2b new Replaces everything after the enacting clause. Amends the Illinois Insurance Code. Provides that an insured or any other person who may be the owner of rights under a policy of life insurance may make an irrevocable assignment of all or a part of his or her rights under the policy to a funeral home in accordance with a specified provision of the Illinois Funeral or Burial Funds Act. Provides that a policy owner who executes a designation beneficiary form irrevocably waives and cannot exercise certain rights. Amends the Illinois Funeral or Burial Funds Act. In a provision concerning pre-need contracts funded through the purchase of a life insurance policy or tax-deferred annuity contract, provides that nothing shall prohibit the purchaser from irrevocably assigning ownership of the policy or annuity to a person or trust or from irrevocably assigning the benefits of the policy or annuity to a funeral home for the purpose of obtaining favorable consideration for Medicaid, Supplemental Security Income, or another public assistance program. Requires the insured or any other person who may be the owner of rights under an existing policy of life insurance to sign a guaranteed pre-need contract with the provider that describes the cost of the funeral goods and services to be provided upon the person's death, up to $7,248, except that any portion of a contract that clearly represents the purchase of burial space, as that term is defined for purposes of the Supplemental Security Income program, is exempt regardless of value. Provides that the form to effectuate the irrevocable assignment and thereby provide for the irrevocable designation of beneficiary of one or more life insurance policies shall be prepared by the Department of Healthcare and Family Services or such form, approved by the Department of Healthcare and Family Services, that has been prepared by an insurance company licensed to operate in the State of Illinois. Contains provisions concerning disclosure statements under pre-need contracts with cash advances; the distribution of proceeds under a life insurance policy upon the death of the insured; and other matters. Amends the Aid to the Aged, Blind or Disabled Article of the Illinois Public Aid Code. Provides that at any time prior to or after submitting an application for medical assistance and before a final determination of eligibility has been made, an applicant may use available resources to purchase one of the prepaid funeral or burial contracts exempted under the Article. Provides that existing life insurance policies are exempt if there has been an irrevocable assignment in compliance with a specified provision under the Illinois Funeral or Burial Funds Act. Requires a person to sign a contract with a funeral home, which is licensed under the Illinois Funeral or Burial Funds Act, that describes the cost of the funeral goods and services to be provided upon the person's death, up to $7,248, except that any portion of a contract that clearly represents the purchase of burial space, as that term is defined for purposes of the Supplemental Security Income program, is exempt regardless of value. Provides that the amount shall be adjusted annually for any increase in the Consumer Price Index. Requires the licensed funeral home to which the life insurance policy benefits have been irrevocably assigned to retain copies for inspection by the Comptroller and to report annually to the Comptroller certain information. Provides that certain provisions under the amendatory Act shall be subject to federal approval. Requires the Department of Healthcare and Family Services to apply for any necessary federal waivers or approvals to implement certain changes made under the amendatory Act. Effective immediately.

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 Early Intervention Services System Act. Requires all early intervention services to be initiated as soon as possible but not later than 30 calendar days after the consent of the parent or guardian has been obtained for the child's individualized family service plan. Provides that services may be initiated later than 30 calendar days after the consent of the parent or guardian has been obtained if the multidisciplinary team determines that a later initiation date is necessary to meet the individual needs of the child and family, the child's parent or guardian provides informed written consent for the later initiation date, and the reasons for the later initiation date are documented by the multidisciplinary team. Provides that the parent or guardian must be informed in writing, which may be done electronically if the parent or guardian prefers, that services shall be initiated no later than 30 calendar days after the individualized family service plan has been developed or on a later initiation date as determined by the multidisciplinary team with the informed consent of the parent or guardian. Provides that if services are not initiated within 30 calendar days after the consent of the parent or guardian has been obtained for the individualized family service plan or on a later initiation date as determined by the multidisciplinary team with the informed consent of the parent or guardian, the parent or guardian must be informed by the family's Child and Family Connections service coordinator in writing, which may be done electronically if the parent or guardian prefers, of the family's legal rights and alternative service options available to the family until an early intervention provider is identified, including, but not limited to, providers not currently early intervention credentialed or enrolled in the early intervention program. Effective July 1, 2022. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Early Intervention Services System Act. Provides that all early intervention services shall be initiated as soon as possible but not later than 30 calendar days after the consent of the parent or guardian has been obtained for the individualized family service plan, in accordance with rules adopted by the Department of Human Services. Effective July 1, 2022.

Amends the State Treasurer Act. Makes a technical change in a Section concerning bond. House Floor Amendment No. 1 Deletes reference to: 15 ILCS 505/1 Adds reference to: 20 ILCS 1305/1-75 new 30 ILCS 105/5.970 new Replaces everything after the enacting clause. Amends the Department of Human Services Act. Provides that the amendatory Act may be referred to as the First Responders Child Care Act. Provides that subject to appropriation, the Department of Human Services shall establish and administer an Off-Hours Child Care Grant Program to provide grants to licensed child care facilities to expand their program of services to include off hours, night, or sleep time child care for first responders and third shift workers who, on account of their work schedule, need child care outside of the hours when licensed child care facilities typically operate. Provides that services funded under the grant program must address the child care needs of first responders. Provides that grants provided under the program may also be used to cover any capital and operating expenses related to the provision of off-hours, night, or sleep time child care for first responders. Requires child care facilities seeking funding under the grant program to apply to the Department in a form and manner prescribed by the Department. Requires the Department to implement the grant program by the date the Child Care Advisory Council submits its final report to the General Assembly as provided under Senate Resolution 862 of the 102nd General Assembly or by December 31, 2022, whichever is earlier. Permits the Department to adopt any rules necessary to implement the program. Defines "first responders" to mean emergency medical services personnel as defined in the Emergency Medical Services (EMS) Systems Act, firefighters, law enforcement officers, and, as determined by the Department, any other workers who, on account of their work schedule, need child care outside of the hours when licensed child care facilities typically operate. Amends the State Finance Act. Creates the Off-Hours Child Care Grant Program Fund as a special fund in the State treasury. Effective immediately. House Floor Amendment No. 2 Deletes reference to: 15 ILCS 505/1 Adds reference to: 20 ILCS 1305/1-75 new 30 ILCS 105/5.970 new Replaces everything after the enacting clause. Amends the Department of Human Services Act. Provides that the amendatory Act may be referred to as the First Responders Child Care Act. Provides that subject to appropriation, the Department of Human Services shall establish and administer an Off-Hours Child Care Program to help first responders and other workers identify and access off-hours, night, or sleep time child care. Provides that services funded under the program must address the child care needs of first responders. Provides that funding provided under the program may also be used to cover any capital and operating expenses related to the provision of off-hours, night, or sleep time child care for first responders. Requires the Department to implement the program by July 1, 2023. Permits the Department to adopt any rules necessary to implement the program. Defines "first responders" to mean emergency medical services personnel as defined in the Emergency Medical Services (EMS) Systems Act, firefighters, law enforcement officers, and, as determined by the Department, any other workers who, on account of their work schedule, need child care outside of the hours when licensed child care facilities typically operate. Amends the State Finance Act. Creates the Off-Hours Child Care Program Fund as a special fund in the State treasury. Effective immediately. House Floor Amendment No. 3 Provides that that amendatory Act shall be referred to as the Off-Hours Child Care Act (rather than the First Responders Child Care Act). In a provision concerning legislative intent, provides that only 435 of the State's group day care homes (rather than group home care programs) provide night care.