Sen. John G. Mulroe

Amends the Criminal Code of 2012. Provides that a prosecution for criminal sexual assault, aggravated criminal sexual assault, or aggravated criminal sexual abuse may be commenced at any time (rather than within 10 years of the commission of the offense if the victim reported the offense to law enforcement authorities within 3 years after the commission of the offense). Makes conforming changes.

Amends the Authorized Electronic Monitoring in Long-Term Care Facilities Act. Includes in the definition of "facility" a facility that provides housing to individuals with dementia. Effective immediately. Senate Committee Amendment No. 1 Adds reference to: 210 ILCS 32/10 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Further amends the Authorized Electronic Monitoring in Long-Term Care Facilities Act. Provides that a facility that houses dementia residents may allow electronic monitoring devices only in rooms that are located in a building that is entirely dedicated to dementia care or that are located in a building that is solely dedicated to dementia care. Effective immediately.

Amends the School Code. With regard to special education joint agreements, provides that under no circumstances may a petition for withdrawal from a joint agreement be presented to other member districts less than 18 months from the date of the proposed withdrawal. Provides that if a petition for withdrawal is not approved by the other member districts, any petitioning member district (rather than only a petitioning member district that is part of a Class II county school unit outside of a city of 500,000 or more inhabitants) may appeal the disapproval. Provides that the trustees of schools of the township having jurisdiction and authority over the withdrawing district or the hearing panel established by the chief administrative officer of the intermediate service center having jurisdiction over the withdrawing district shall convene and hear testimony to determine whether the withdrawing district has presented sufficient evidence that the district, standing alone, will provide a full continuum of services and support to all its students with disabilities in the foreseeable future; specifies requirements for the withdrawing district prior to the hearing. Provides that each withdrawing district shall develop a comprehensive plan that includes the administrative policies and procedures outlined in specified special education rules of the State Board of Education and all relevant portions of the federal Individuals with Disabilities Education Act. Provides that the withdrawing district must also demonstrate its ability to provide education for a wide range of students with disabilities, including a full continuum of support and services. Effective immediately. Senate Floor Amendment No. 1 Provides that under no circumstances may a petition to withdraw from a joint agreement be presented to other member districts less than 12 (rather than 18) months from the date of the proposed withdrawal, unless the member districts agree to waive this timeline. Provides that upon approval by school board written resolution of all remaining member districts, the petitioning member district must submit its comprehensive plan to the State Board for review. Removes a provision providing that the petitioning member district shall be withdrawn from the joint agreement effective the following July 1. Provides that, in the event of a hearing conducted by a hearing panel, the withdrawing district must, prior to the hearing and among other requirements, hold a public hearing to allow for the opportunity to review (rather than hear) the plan for educating students after the withdrawal and prepare and provide a comprehensive plan (rather than prepare evidence that it has all of the components of a comprehensive plan).

Amends the Electric Supplier Act. Makes a technical change in the short title Section. Senate Floor Amendment No. 2 Deletes reference to: 220 ILCS 30/1 Adds reference to: 5 ILCS 80/4.30 5 ILCS 80/4.40 new Replaces everything after the enacting clause. Amends the Regulatory Sunset Act. Extends the repeal date of the Illinois Landscape Architecture Act of 1989 from January 1, 2020 to January 1, 2030. Effective immediately. House Committee Amendment No. 1 Deletes reference to: 5 ILCS 80/4.30 5 ILCS 80/4.40 new Adds reference to: 215 ILCS 5/368g new Replaces everything after the enacting clause. Amends the Illinois Insurance Code. Provides that a health care plan requiring a health care provider to use a time-based Current Procedural Terminology code to bill for health care services shall not apply a time measurement standard that results in fewer units billed than allowed by the Current Procedural Terminology code book, except as required by federal law for federally funded patients. Effective immediately.

Amends the Illinois Health Facilities Planning Act. Provides that any written review or findings of the Board staff set forth in the State Board Staff Report concerning an application for a permit must be made available to the public and the applicant (currently, only the public) at least 14 calendar days before the meeting of the State Board at which the review or findings are considered. Provides that members of the public and the applicant (currently, only members of the public) shall have until 10 days before the meeting of the State Board to submit any written response concerning the Board staff's written review or findings. Provides that the State Board shall, among other powers and duties, elect a Vice Chairman to preside over State Board meetings and otherwise act in place of the Chairman when the Chairman is unavailable. Provides that State Board staff shall, among other powers and duties, issue advisory opinions upon request. Provides that staff advisory opinions do not constitute determinations by the State Board. Provides that determinations by the State Board are made through the declaratory ruling process. Effective immediately. House Floor Amendment No. 2 Adds reference to: 20 ILCS 3960/8.5 20 ILCS 3960/8.7 new Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with changes. Removes discontinuation of a health care facility from the list of projects eligible for exemption rather than a permit. Provides that the Health Facilities and Services Review Board may accept an application for an exemption for the discontinuation of a category of service at a health care facility only once in a 6-month period following (1) the previous application for exemption at the same health care facility or (2) the final decision of the Board regarding the discontinuation of a category service at the same health care facility, whichever occurs later. Provides that a discontinuation of a category of service shall otherwise require an application for a permit if an application for an exemption has already been accepted within the 6-month period. Provides that the Board shall provide by rule for an expedited process for obtaining an exemption for a change of ownership among related persons (rather than any change of ownership). Adds a Section concerning applications for permit for discontinuation of a health care facility or category of service. Provides that upon a finding that an application to close a health care facility or discontinue a category of service is complete, the Board shall publish a legal notice on 3 consecutive days in a newspaper of general circulation in the area or community to be affected and afford the public an opportunity to request a hearing. Provides further specified public notice requirements. Provides that no later than 30 days after issuance of a permit to close a health care facility or discontinue a category of service, the permit holder shall give written notice of the closure or discontinuation to the State Senator and State Representative serving the legislative district in which the health care facility is located. Provides that if there is a pending lawsuit that challenges an application to discontinue a health care facility that either names the Board as a party or alleges fraud in the filings of the application, the Board may defer action on the application for up to 6 months from the date of the initial deferral of the application. Adds a Section concerning certificates of exemption for change of ownership of a health care facility, and makes changes concerning notice and the closure of a health care facility or the discontinuation of a category of service at a health care facility. Provides that specified changes shall apply to all applications submitted after the effective date of this amendatory Act of the 101st General Assembly. Makes other changes. Effective immediately.

Creates the Illinois Trust Code. Provides that the Code applies to express trusts, charitable or noncharitable, and trusts created pursuant to a statute, judgment, or decree that requires the trust to be administered in the manner of an express trust. Defines terms. Adds provisions governing: judicial proceedings; representation; creation, validity, modification, and termination of trusts; creditor's claims; spendthrift and discretionary trusts; revocable trusts; the office of trustee; duties and powers of the trustee; the Illinois Prudent Investor Law; life insurance; affiliated investments; liability of trustees and rights of persons dealing with a trustee; total return trusts; trust decanting; the Uniform Powers of Appointment Law; perpetuities; and application of the Code to existing trusts. Repeals the Trusts and Trustees Act, the Trusts and Dissolutions of Marriage Act, the Uniform Powers of Appointment Act (added by Public Act 100-1044), the Statute Concerning Perpetuities, the Perpetuities Vesting Act, and the Trust Accumulation Act. Makes corresponding changes in the Public Use Trust Act, the Township Code, the Corporate Fiduciary Act, the Community-Integrated Living Arrangements Licensure and Certification Act, the Title Insurance Act, the Illinois Funeral or Burial Funds Act, the Mental Health and Developmental Disabilities Code, the Illinois Marriage and Dissolution of Marriage Act, the Probate Act of 1975, the Illinois Power of Attorney Act, the Common Trust Fund Act, the Religious Corporation Act, and the Illinois Pre-Need Cemetery Sales Act. Effective January 1, 2020.

Amends the Public Construction Bond Act. Provides for bonds issued under the Act to be used for, among other conditions, the payment of apparatus, fixtures, and machinery used in the completion of a contract. Provides that the terms "material", "labor", "apparatus", "fixtures", and "machinery" include those rented items that are on the construction site and those rented tools that are used or consumed on the construction site in the performance of the contract on account of which the bond is given. Makes conforming changes.

Amends the Chicago Municipal Article of the Illinois Pension Code. Provides that the date on which an annuity payment period begins shall not be prior to termination or more than one year prior to receipt by the board of the written application for benefits. Provides that each disabled employee who receives duty or ordinary disability benefit shall be examined at least once a year, or a longer period of time as determined by the board (rather than shall be examined at least once a year), by one or more licensed and practicing physicians appointed by the board. Provides that an annuitant who directs the board to pay the annuity due him or her to a financial institution shall hold the board and Fund harmless from any claim or loss related to any error as to whether the financial institution is or continues to be federally insured. Removes a provision concerning the payment of benefits to certain persons confined in publicly owned and operated mental institutions. Effective immediately. House Floor Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following change. Restores language concerning the payment of benefits to certain persons confined in publicly owned and operated mental institutions.

Creates the Expressway Safety Act. Provides that the Illinois State Police, the Illinois Department of Transportation, and the Illinois State Toll Highway Authority shall work together to conduct a program to increase the amount of cameras along expressways in Cook County. Provides that images from the cameras may be used to investigate offenses and detect roadway hazards, but not to enforce petty offenses. Provides that the program shall be funded by the Road Fund. Repeals the Act on July 1, 2023. House Floor Amendment No. 1 Provides that funds from the Road Fund shall be for use on highways under the jurisdiction of the Department of Transportation. House Floor Amendment No. 2 Replaces everything after the enacting clause with the provisions of the introduced bill and House Amendment No. 1, and makes the following changes. Renames the Act the Expressway Camera Act and provides that the Act may be referred to as the Tamara Clayton Expressway Camera Act. Provides that images from expressway cameras may be used by any municipal police department, county sheriff's office, State Police officer, or other law enforcement agency with jurisdiction over the expressway (instead of "roadway") in Cook County in the investigation of any offense involving the use of a firearm (instead of by law enforcement agencies in the investigation of offenses). Provides that funds needed to conduct the program for use on expressways (instead of "highways") under the jurisdiction of the Department of Transportation shall be taken from the Road Fund.

Amends the Illinois Insurance Guaranty Fund Article of the Illinois Insurance Code. Provides that a "covered claim" does not include a claim for fines and penalties paid to government authorities. Provides that the board of directors of the Illinois Insurance Guaranty Fund has the authority to assess to pay off a loan necessary to pay covered claims. Provides that if the loan is projected to be outstanding for 3 years or more, the board of directors has the authority to increase the assessment to 3% of net direct written premiums for the previous year until the loan has been paid in full. Makes changes in provisions that specify conditions under which the Fund is bound by certain settlements, releases, compromises, waivers, and final judgments. Provides that the Fund may also take legal action to recover from insurers and insureds in certain circumstances. Provides that the Fund may bring an action against certain third-party representatives of an insolvent insurer to obtain custody and control of all claim information related to the insolvent company. Provides that any person recovering under the Article and any insured whose liabilities are satisfied under the Article shall be deemed to have assigned the person's or insured's rights under the policy to the Fund to the extent of his or her recovery or satisfaction obtained from the Fund's payments. Provides that the Fund may also pay certain workers' compensation claims or any other third-party claims covered by a policy of an insolvent company on behalf of a high net worth insured and may recover from the high net worth insured through any action necessary to collect the full amount to the Fund's reimbursement. Effective immediately. House Floor Amendment No. 2 In provisions concerning actions regarding insolvent company records, provides that the Illinois Insurance Guaranty Fund has the absolute right through emergency equitable relief to obtain custody and control of certain claims information in possession of certain third-party administrators, agents, attorneys, or other representatives of an insolvent insurer (rather than the absolute right through emergency equitable relief to obtain custody and control of certain third-party administrators, agents, attorneys, or other representatives of an insolvent insurer). House Floor Amendment No. 3 Provides that the Illinois Insurance Guaranty Fund shall recover (rather than may recover) from the high net worth insured for all amounts paid on its behalf, all allocated claim adjusted expenses related to such claims, the Fund's attorney's fees, and all court costs in any action necessary to collect the full amount to the Fund's reimbursement. Makes a grammatical change.