Rep. Barbara Hernandez

Amends the Medical Assistance Article of the Illinois Public Aid Code. Exempts transportation services, including those transportation services provided by ground ambulance service providers, medi-car providers, service car providers, and taxi service providers, from the State's managed care medical assistance program. Provides that these services shall continue to be paid under the State's traditional fee-for-service program. House Floor Amendment No. 1 Requires the Department of Healthcare and Family Services to exempt ground ambulance services from the State's managed care medical assistance program (rather than exempt transportation services, including those transportation services provided by ground ambulance service providers, medi-car providers, service car providers, and taxi service providers).

Amends the Animal Welfare Act. Provides that a pet shop operator may offer for sale a dog or cat only if the dog or cat is obtained from an animal control facility or animal shelter. Provides that an animal control facility or animal shelter that supplies dogs or cats to pet shop operators to be offered for sale shall not be a dog breeder or a cat breeder or obtain dogs or cats from a dog breeder, a cat breeder, a person who resells dogs or cats from a breeder, or a person who sells dogs or cats at auction in exchange for payment or compensation. Defines the term "offer for sale" and modifies the definitions of "pet shop operator" and "animal shelter". Effective 180 days after becoming law. House Floor Amendment No. 1 Provides that "offer for sale" means to sell, exchange for consideration, offer for adoption, advertise for the sale of, barter, auction, give away, or otherwise dispose of animals (rather than to display, sell, exchange for consideration, offer for adoption, advertise for the sale of, barter, auction, give away, or otherwise dispose of animals). Provides that provisions concerning the prohibition of dogs and cats sold by pet shops shall not prohibit a pet shop operator from providing space to an animal control facility or animal shelter to showcase dogs or cats owned by these entities for the purpose of adoption.

Amends the School Code. Provides that a school district may adopt a policy providing that if a student is suspended or expelled for any reason from any public or private school in this or any other state, the student must complete the entire term of the suspension or expulsion before being allowed to attend the school district in person (rather than before being admitted into the school district). Provides that this policy must require the provision of an educational continuity plan for suspended or expelled students; sets forth requirements for the plan. Makes changes concerning the State Board of Education's standard form that Illinois school districts are required to provide to any student who is moving out of the school district. Makes other changes concerning the transfer of a student and the suspension or expulsion of a student. Senate Floor Amendment No. 4 Deletes reference to: 105 ILCS 5/2-3.13a from Ch. 122, par. 2-3.13a 105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6 Adds reference to: 105 ILCS 5/2-3.64a-10 105 ILCS 5/22-90 Replaces everything after the enacting clause. Amends the School Code. In provisions about appointment of members by the State Superintendent of Education to a committee relating to kindergarten assessment, includes state policy advocates, early childhood administrators, and other stakeholders as members. Adds, as a goal of the Whole Child Task Force, recommending legislation, policies, and practices to prevent learning loss in students during periods of suspension and expulsion, including, but not limited to, remote instruction. House Committee Amendment No. 1 Adds one member who represents an organization representing regional offices of education to the membership of the Whole Child Task Force.

Amends the Food Handling Regulation Enforcement Act. In provisions regarding cottage food operations: makes changes to definitions; requires cottage food operations to comply with specified requirements (rather than providing that specified entities may regulate the transaction of food or drink by a cottage food operation if the requirements are met); adds requirements for the sale of low-acid canned foods and fermented or acidified foods; provides that food and drink produced by a cottage food operation shall be sold directly to consumers for their own consumption and not for resale; removes language requiring State-certified local public health departments to regulate the service of food by a cottage food operation and allowing them to require a cottage food operation to submit specified canned foods to a commercial laboratory to verify specified information; requires local health departments to register eligible cottage food operations and issue certificates of registration; adds an exemption for a person who produces or packages a non-potentially hazardous baked good for sale by a religious, charitable, or nonprofit organization for fundraising purposes; preempts home rule; and makes other changes. Repeals provisions regarding home kitchen operations. Senate Committee Amendment No. 1 Deletes reference to: 410 ILCS 625/3.6 rep. Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Restores the definition of "farmers' market". Removes the definition of "hot fill and hold method". Provides that cottage food operations shall not sell or offer to sell low-acid canned foods (rather than listing specified varieties of low-acid canned foods). Provides that, in order to sell a fermented or acidified food, a cottage food operation shall (rather than a local health department may require a cottage food operation to) submit: (1) a recipe meeting specified requirements or (2) an annual written food safety plan and pH tests every 3 years (rather than only a pH test) meeting specified requirements. Provides that a local health department may require a water sample test to verify that the water source being used meets public safety standards related to E. coli coliform (rather than only meets public safety standards). Provides that food packaging may include the designation "Illinois-grown", "Illinois-sourced", or "Illinois farm product" if the products are local farm or food products as defined in specified provisions. Removes the repeal of provisions concerning home kitchen operations. Makes other changes. House Floor Amendment No. 1 Replaces everything after the enacting clause. Amends the Food Handling Regulation Enforcement Act. Removes specified provisions containing requirements for cottage food operations. Contains requirements for cottage food operations that sell fermented or acidified food and baked goods with cheese. Contains requirements for the preparation and packaging of products by a cottage food operation. Provides that food and drink produced by a cottage food operation shall be sold directly to consumers for their own consumption and not for resale. Provides that only food that is non-potentially hazardous may be shipped. Prohibits a cottage food product from being shipped out of State. Requires each cottage food product that is shipped to be sealed in a manner that reveals tampering. Provides that a local health department shall register any eligible cottage food operation that meets the requirements of the provisions and shall issue a certificate of registration with an identifying registration number to each registered cottage food operation. Provides that a local health department may establish a self-certification program for cottage food operators to affirm compliance with applicable laws, rules, and regulations. Provides that registration shall be completed annually and the local health department may impose a fee not to exceed $50. Provides for inspection, fees, and penalties in the event of a consumer complaint or foodborne illness outbreak, an imminent health hazard, or a product that has been found to be misbranded, adulterated, or not in compliance with the conditions for cottage food operations. Provides that a local health department that receives a consumer complaint or a report of foodborne illness related to a cottage food operator in another jurisdiction shall refer the complaint or report to the local health department where the cottage food operator is registered. Contains an exemption from the requirements for a non-potentially hazardous baked good for sale by a religious, charitable, or nonprofit organization for fundraising purposes. Contains a home rule preemption. Contains other provisions. Effective January 1, 2022.

Amends the Higher Education Student Assistance Act. Allows the Illinois Student Assistance Commission to award Post-Master of Social Work School Social Work Professional Educator License scholarships to an individual who has a valid Illinois-licensed clinical social work license or social work license and a Master of Social Work degree for the purpose of obtaining a Professional Educator License with an endorsement in social work. Sets forth various terms and conditions of the scholarship, including that a recipient of the scholarship must work at a public or nonpublic not-for-profit preschool, elementary school, or secondary school located in this State for at least 2 of the 5 years immediately following the recipient's graduation or termination of studies. Effective January 1, 2022. Senate Floor Amendment No. 1 Replaces everything after the enacting clause. Reinserts the contents of the bill with the following changes. Provides for scholarship awards beginning with the 2022-2023 academic year. Removes certain provisions concerning rulemaking. Provides that the Illinois Student Assistance Commission shall give priority to those applicants who are members of a racial minority (rather than those applicants who are members of underrepresented communities in the school social work field in Illinois); defines "racial minority". Provides that each scholarship shall be applied to the payment of tuition and mandatory fees (rather than applied only to tuition). Makes other changes concerning the application and payment of a scholarship. Requires a scholarship recipient to work as a school social worker at a school (rather than work at a school). Effective January 1, 2022. House Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the contents of the bill with the following changes. Adds provisions concerning the priority in the award of scholarships for a fiscal year in which the amount of an appropriation is insufficient to provide scholarships to all qualified candidates. Makes changes concerning priority consideration to those applicants who are members of a racial minority. Removes a reference to "private or parochial school". Requires the repayment of amounts received if a recipient fails to fulfill the work obligation required under the terms of the scholarship, with exceptions. Effective January 1, 2022.

Amends the Unified Code of Corrections. Provides that the Department of Corrections shall not make possession of a Firearm Owner's Identification Card a condition of continued employment as a correctional officer if the correctional officer's Firearm Owner's Identification Card is revoked or seized because the correctional officer has been a patient of a mental health facility and the correctional officer has not been determined to pose a clear and present danger to himself, herself, or others as determined by a physician, clinical psychologist, or qualified examiner. Provides that nothing in the new provisions shall otherwise impair the Department's ability to determine a correctional officer's fitness for duty. Provides that a collective bargaining agreement already in effect on this issue on the effective date of the amendatory Act cannot be modified, but on or after the effective date of the amendatory Act, the Department cannot require a Firearm Owner's Identification Card as a condition of continued employment in a collective bargaining agreement. Provides that the Department shall document if and why a correctional officer has been determined to pose a clear and present danger. Defines "mental health facility" and "qualified examiner". House Committee Amendment No. 1 Adds reference to: 430 ILCS 65/8 from Ch. 38, par. 83-8 430 ILCS 65/10 from Ch. 38, par. 83-10 Replaces everything after the enacting clause. Amends the Firearm Owners Identification Card Act. In a provision concerning relief from firearm prohibitions, provides that Department of Corrections employees authorized to possess firearms (in addition to active law enforcement officers) may apply to the Director of State Police requesting relief if certain conditions are met. Makes conforming changes to a provision concerning grounds for denial and revocation. Amends the Unified Code of Corrections. Provides that the Department of Corrections shall not make possession of a Firearm Owner's Identification Card a condition of continued employment as a Department employee authorized to possess firearms if the employee's Firearm Owner's Identification Card is revoked or seized because the employee has been a patient of a mental health facility and the employee has not been determined to pose a clear and present danger to himself, herself, or others as determined by a physician, clinical psychologist, or qualified examiner. Provides that nothing in the new provisions shall otherwise impair the Department's ability to determine an employee's fitness for duty. Provides that a collective bargaining agreement already in effect on this issue on the effective date of the amendatory Act cannot be modified, but on or after the effective date of the amendatory Act, the Department cannot require a Firearm Owner's Identification Card as a condition of continued employment in a collective bargaining agreement. Provides that the Department shall document if and why an employee has been determined to pose a clear and present danger. Defines "mental health facility" and "qualified examiner".

Creates the Protecting Household Privacy Act. Provides that a law enforcement agency shall not obtain household electronic data or direct the acquisition of household electronic data from a private third party, unless (i) the law enforcement agency obtains a court order based upon probable cause, or (ii) the owner of the household electronic device consents to voluntarily provide the desired household electronic data. Provides that if a law enforcement agency obtains household electronic data, the agency within 30 days shall destroy all information obtained, except that a supervisor at that agency may retain particular information if (1) there is reasonable suspicion that the information contains evidence of criminal activity, or (2) the information is relevant to an ongoing investigation or pending criminal trial. House Floor Amendment No. 1 Replaces everything after the enacting clause. Creates Protecting Household Privacy Act. Reinserts the provisions of the introduced bill with these exceptions. Changes the exceptions in which law enforcement agency may obtain household electronic data. Provides that a law enforcement agency may obtain the data (1) if a law enforcement agency first obtains a warrant under the Code of Criminal Procedure of 1963; (2) a specified emergency situation exists; or (3) with the lawful consent of the owner of the household electronic device or person in actual or constructive possession of the household electronic device, excluding law enforcement personnel. Provides that nothing in the Act shall be construed to apply to the interception, recording, wiretap, or other acquisition of electronic communications as they are transmitted in real time. Provides that in the event of any conflict between the Act and any applicable federal or State law, the requirement that establishes the higher standard for law enforcement to obtain information shall govern. Senate Floor Amendment No. 1 Defines "digital gateway device". Provides that nothing in the Act prohibits the use of a lawful grand jury subpoena to obtain information which was obtainable by grand jury subpoena prior to the effective date of the Act. Provides that nothing in the Act expands existing civil or criminal liability of an individual or entity arising under any applicable federal or State law.

Amends the Unified Code of Corrections. Provides that 45 days prior to the scheduled discharge of a person committed to the custody of the Department of Corrections, the Department shall give the person: (1) information about obtaining a standard Illinois Identification Card or a limited-term Illinois Identification Card; (2) information about voter registration and may distribute information prepared by the State Board of Elections and may enter into an interagency contract with the State Board of Elections to participate in the automatic voter registration program and be a designated automatic voter registration agency under the Election Code; (3) information about job listings upon discharge from the correctional institution or facility; (4) information about available housing upon discharge from the correctional institution or facility; (5) a directory of elected State officials and of officials elected in the county and municipality, if any, in which the committed person intends to reside upon discharge from the correctional institution or facility; and (6) any other information that the Department of Corrections deems necessary to provide the committed person in order for the committed person to reenter the community and avoid recidivism (currently, the committed person is provided information, if uninsured, about applying for health care coverage including medical assistance under the Illinois Public Aid Code).

Amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Provides that all State agencies shall recognize and accept the certifications of businesses that have been certified as minority-owned businesses or women-owned businesses for purposes of participating in the Business Enterprise Program, when such certification was provided by any entity having certification requirements more restrictive than that required by the Business Enterprise Program, including, but not limited to, an income level requirement. Senate Committee Amendment No. 1 Deletes reference to: 30 ILCS 575/8k new Adds reference to: 30 ILCS 575/8l new Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with changes. Provides that the Business Enterprise Program (rather than State agencies) shall recognize and accept the certifications of businesses that have been certified as minority-owned businesses or women-owned businesses by the City of Chicago, Cook County, or other entities approved by the Business Enterprise Council for purposes of participating in the Business Enterprise Program, provided that the City of Chicago, Cook County, or other entities approved by the Business Enterprise Council have certification requirements more restrictive than that required by the Business Enterprise Program, including, but not limited to, an income level requirement. Makes other changes.

Amends the State Commemorative Dates Act. Provides that the second day of April of each year is a holiday to be known as Autism Awareness Day to be observed throughout the State as a day to promote the awareness of autism. Amends the Election Code, the Illinois Procurement Code, the School Code, and the Promissory Note and Bank Holiday Act to include Autism Awareness Day as a holiday. House Committee Amendment No. 1 Deletes reference to: 10 ILCS 5/1-6 30 ILCS 500/15-45 105 ILCS 5/24-2 205 ILCS 630/17 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. Provides that the first full week of April of each year is designated as Autism Awareness Week (rather than designated as a holiday to be known as Autism Awareness Day) to be observed throughout the State as a week to promote the awareness of autism and to encourage school districts, organizations, businesses, and local residents to support this week and participate in informed educational events planned to commemorate the occasion. Removes provisions creating Autism Awareness Day as a holiday. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. Provides that the first full week of April of each year is designated as Autism Acceptance Week (rather than Autism Awareness Week). Makes conforming changes.