Sen. Javier Cervantes

Amends the Department of Natural Resources Act. Makes changes concerning the powers and duties of the Illinois State Museum. Repeals a provision which specifies that the Board of the Illinois State Museum is the governing board for the State Museum. Replaces the Board of the Illinois State Museum with an advisory board. Describes the duties of the advisory board. Repeals a provision which states that the Department of Natural Resources may set, by administrative rule, an entrance fee for visitors to the Illinois State Museum. Effective immediately.

Creates the Accessible Electric Vehicle Charging Station Act. Requires the Department of Transportation to ensure that charging stations in the State are sufficiently accessible to allow independent use by drivers with disabilities, including people who have limited or no hand dexterity, limb differences, or upper extremity amputations and use adaptive driving controls. Requires chargers designed to serve people who use mobility devices to be located on an accessible route. Provides that the Department shall adopt the technical requirements for accessible routes established under the federal Americans with Disabilities Act of 1990 (ADA) and the federal Architectural Barriers Act of 1968 (ABA), including walking surfaces, curb ramps, and ramps. Establishes that a charging space with mobility features must provide a vehicle space with a minimum width of at least 11 feet and a minimum length of at least 20 feet. Requires chargers to provide a clear floor or ground space. Requires clear floor or ground spaces to meet ADA requirements for ground and floor surfaces, including criteria for firmness, stability, and slip resistance. Provides that a reasonable number of chargers, as determined by the Department, shall comply with ADA operable parts requirements, including technical requirements for clear floor or ground space, reach ranges, and operation. Provides that a connector must allow operation with one hand and no tight grasping, pinching, or twisting of the wrist, and with no more than 5 pounds of force. Provides that all chargers operated or maintained by any entity within the State must comply with the technical requirements for hardware under the federal Rehabilitation Act of 1973. Grants rulemaking authority. Defines terms.

Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that beginning on January 1, 2025, rates for psychiatric evaluations performed by community mental health centers and substance use disorder treatment providers and practitioners as set forth on the Department of Healthcare and Family Services' Practitioner Fee Schedule shall be increased to $237.57. Provides that beginning on January 1, 2025, rates for medication monitoring performed by community mental health centers and substance use disorder treatment providers and practitioners as set forth on the Department's Practitioner Fee Schedule shall be increased to $140.77 per quarter hour. Provides that no existing or future reimbursement rates or add-ons shall be reduced or changed to address these rate increases. Provides that no later than October 1, 2024, the Department shall submit any necessary application to the federal Centers for Medicare and Medicaid Services for a waiver or State Plan amendment to implement the requirements of the amendatory Act. Provides that beginning in State Fiscal Year 2025, and every State fiscal year thereafter, reimbursement rates for those community-based mental health and substance use disorder services shall be adjusted upward by an amount equal to the Consumer Price Index-U from the previous year, not to exceed 5% in any State fiscal year. Effective immediately.

Amends the Illinois Food, Drug and Cosmetic Act. Provides that, beginning January 1, 2027, a person or entity shall not manufacture, sell, deliver, distribute, hold, or offer for sale a food product for human consumption that contains brominated vegetable oil, potassium bromate, propylparaben, or red dye 3. Provides that a person or entity that violates the prohibition shall be liable for a civil penalty not to exceed $5,000 for a first violation and not to exceed $10,000 for each subsequent violation. Makes a conforming change.

Amends the Aid to the Aged, Blind or Disabled Article of the Illinois Public Aid Code. Provides that the General Assembly finds it necessary to take measures to increase the amount of cash assistance provided to qualifying Illinoisans under the Aid to the Aged, Blind or Disabled (AABD) program to reach a standard compatible with health and well-being. Provides that the amount of AABD aid granted to a person shall be determined by the Department of Human Services in such a manner as to produce assistance payments that bring the person's total monthly income from countable sources, as determined by the Department, Supplemental Security Income (SSI) benefits, if applicable, and AABD aid to an amount that is: (i) no less than 85% of the federal poverty level in effect for the month aid is paid, beginning July 1, 2024; (ii) no less than 90% of the federal poverty level in effect for the month aid is paid, beginning July 1, 2025; (iii) no less than 95% of the federal poverty level for the month aid is paid, beginning July 1, 2026; and (iv) no less than 100% of the federal poverty level in effect for the month aid is paid, beginning on and after July 1, 2027. Provides that the amendatory Act shall not result in any reduction in the amount of aid payable to a person determined eligible for aid prior to July 1, 2024. Effective immediately.

Amends the Illinois Health Facilities Planning Act. Removes an exception for skilled and intermediate long-term care facilities licensed under the Nursing Home Care Act from providing a Safety Net Impact Statement as part of its general review criteria. Includes nursing homes operated by a county in a list of safety net service providers. Provides that facilities operated by a county shall provide in the facility's Safety Net Impact Statement the number of the facility's Medicaid and Medicare certified beds for the 3 fiscal years prior to the application. Requires the State Board Staff Report to include a statement of findings regarding the project's safety net impact under specified circumstances, and that the State Board Staff's assessment shall be considered in determining whether the project fulfills the public interest requirements. Amends the County Homes Division of the Counties Code. Removes a requirement that two-thirds of the county board is required sell, dispose of, or lease for any term, any part of the home properties, and requires a referendum before selling any home (rather than requiring a referendum only for homes that were erected after referendum approval by the voters of the county). Adds referendum language for the selling, disposition of, or lease of a home.

Amends the Substance Use Disorder Act. Requires the Department of Human Services to (i) establish a new intervention license category entitled "OPS Harm Reduction Services", (ii) establish standards for entities to become licensed under the OPS Harm Reduction Services category, and (iii) create a licensing application process. Provides that, notwithstanding any other law, ordinance, or regulation, any entity licensed as an OPS Harm Reduction Services provider may operate an overdose prevention site as authorized by the Department. Requires the Department to make a determination as to whether to approve an entity's application for an OPS Harm Reduction Services license within 4 weeks after the date upon which the entity submitted its application to the Department. Requires the Department to help educate local communities and public and private entities about overdose prevention sites and the evidence regarding the benefits of overdose prevention sites. Requires entities approved to operate an overdose prevention site to, at a minimum, provide a hygienic space where participants may consume pre-obtained substances, maintain a supply of naloxone and oxygen on-site, employ staff trained to administer first aid to participants who are experiencing an overdose, provide secure hypodermic needle and syringe disposal services, encourage drug checking or the use of fentanyl test strips, and other services. Requires licensed entities to submit a report to the Department on the number of participants who have received or are receiving services at the overdose prevention site and other matters. Grants immunity from civil or criminal liability to specified persons. Preempts home rule powers.

Amends the Childhood Hunger Relief Act. Provides that, subject to appropriation, the State Board of Education shall award grants of up to $5,000 per school site on a competitive basis to eligible school districts, regional superintendents of schools, or entities approved by the State Board of Education for nonrecurring expenses incurred in initiating a school breakfast after the bell program. Sets forth what the grants may be used for and who gets preference for a grant.

Creates the Pretrial Success Act. Provides that the Department of Human Services has grant making, operational, and procurement authority to distribute funds to local government health and human services agencies, community-based organizations, and other entities necessary to execute the functions under the Act. Provides that subject to appropriation, the Department shall issue grants to local governmental agencies and community-based organizations to maximize pretrial success each year. Provides that grants shall be awarded no later than October 1, 2024. Provides that grants in subsequent years shall be issued on or before September 1 of the relevant fiscal year and shall allow for pre-award expenditures beginning July 1 of the relevant fiscal year. Provides that each judicial circuit with a population of at least 250,000 constitutes a service area. Provides that each judicial circuit with populations of less than 250,000 shall be combined with at least one other geographically contiguous judicial circuit to constitute a service area with a population of at least 250,000. Provides that resources for each service area shall be distributed based on maximizing the total potential pretrial success. Subject to appropriation, the minimum annual grant amount awarded in each service area shall be $300,000. Provides that beginning in fiscal year 2027 and subject to appropriation, grants shall be awarded for a project period of 3 years, contingent on Department requirements for reporting and successful performance. Provides that organizations receiving grants under the Act shall provide the following services directly or through subgrants to other organizations:(1) case management for mental health and substance use disorders; (2) detoxification or referral to detoxification when clinically indicated and available in the community; (3) medication assisted treatment or referral to medication assisted treatment when clinically indicated and available in the community; (4) child care to remove barriers to court appearances; and (5) transportation to court appearances if not available through the Office of Statewide Pretrial Services or other court stakeholders. Effective immediately.

Amends the Mental Health and Developmental Disabilities Administrative Act. Requires the Department of Human Services to establish reimbursement rates that build toward livable wages for front-line personnel in residential and day programs and service coordination agencies serving persons with intellectual and developmental disabilities. Provides that for community-based providers serving persons with intellectual or developmental disabilities, subject to federal approval, the rates taking effect for services delivered on or after July 1, 2024 shall be increased sufficiently to: (i) provide a minimum $3.00 per hour wage increase over the wages in effect on June 30, 2024 for front-line personnel; and (ii) provide wages for all other residential non-executive direct care staff, excluding direct support professionals, at the U.S. Department of Labor's average wage as defined, by rule, by the Department. Amends the Illinois Public Aid Code. Provides that for ID/DD facilities and MC/DD facilities, the rates taking effect for services delivered on or after July 1, 2024, shall be increased sufficiently to: (i) provide a minimum $3.00 per hour wage increase over the wages in effect on June 30, 2024 for front-line personnel; and (ii) provide wages for all other residential non-executive direct care staff, excluding direct support professionals, at the U.S. Department of Labor's average wage as defined, by rule, by the Department. Requires the same increase for front-line personnel employed at community-based providers serving persons with intellectual or developmental disabilities. Amends the Illinois Administrative Procedure Act. Grants the Departments of Human Services and Healthcare and Family Services emergency rulemaking authority. Effective immediately.