Sen. Emil Jones

Amends the Criminal Identification Act. Provides that notwithstanding a positive test for the presence of cannabis within the petitioner's body from a drug test taken within 30 days before the filing of the petition for expungement or sealing or the failure of the petitioner to take such test, the petitioner may petition for the sealing or expungement of his or her felony records for a violation of the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or the Cannabis Control Act or felony records of a qualified probation for a felony drug offense. Defines "cannabis" and "felony drug offense". House Floor Amendment No. 1 Replaces everything after the enacting clause. Amends the Criminal Identification Act. Provides that, notwithstanding any other provision of law, the court shall not deny a petition for expungement or sealing because the petitioner has submitted a drug test taken within 30 days before the filing of the petition for expungement or sealing that indicates a positive test for the presence of cannabis within the petitioner's body. Defines "cannabis".

Creates the Children's Mental Health Council Act. Creates the Children's Mental Health Council. Requires the Council to conduct at least 4 meeting each year, research and provide recommendations for the General Assembly on children with mental and behavioral disabilities and residential placements around the State and out of state, research and provide recommendations on how State agencies will be able to provide emergency placement for children with disabilities, research and provide recommendations on expanding residential beds and increasing the workforce, and review and provide recommendations for the General Assembly, State Board of Education, Department of Children and Family Services, Department of Healthcare and Family Services, Department of Juvenile Justice, and any other agency that is involved in the process of the placement of a child. Provides guidelines for appointing members. Provides terms for members appointed by the Governor. Provides that the State Board of Education shall provide administrative support. Provides that the Council shall prepare and deliver annual reports to the General Assembly, the Governor, and certain State agencies with any recommendations for legislation and any additional recommendations regarding children's mental and behavioral health. Provides that the Act is repealed on January 1, 2032. Effective immediately. Senate Floor Amendment No. 2 Deletes reference to: New Act Adds reference to: 405 ILCS 49/5 Replaces everything after the enacting clause. Amends the Children's Mental Health Act of 2003. Adds a requirement that the Children's Mental Health Plan include recommendations on how to more effectively meet the emergency and residential placement needs for all children with severe mental and behavioral challenges. Adds representatives of community mental health provider trade organizations to the group of representatives to the Children's Mental Health Partnership that are appointed by the Governor. Provides that the annual report will be delivered to the Governor and the General Assembly (currently, only the Governor). House Floor Amendment No. 5 Adds reference to: 405 ILCS 49/1 Replaces everything after the enacting clause. Amends the Children's Mental Health Act of 2003. Changes the title of the Act to the "Children's Mental Health Act". Provides that the Children's Mental Health Partnership shall advise the State of Illinois on designing and implementing short-term and long-term strategies to provide comprehensive and coordinated services for children from birth to age 25 and their families with the goal of addressing children's mental health needs across a full continuum of care. Provides that the Partnership shall have the responsibility of developing and updating the Children's Mental Health Plan and advising the relevant State agencies on implementation of the Plan (instead of developing and monitoring the implementation of the Plan as approved by the Governor). Removes provisions concerning development of previous Plans. Provides for the powers and duties of the Partnership. Provides that the Partnership shall submit: an annual report to the Governor and the General Assembly on the progress of the Plans; recommendations regarding State policies, laws, or rules necessary to fulfill the purposes of the Act; and any additional recommendations regarding mental or behavioral health that the Partnership deems necessary. Provides that the Department of Healthcare and Family Services shall provide technical and administrative support for the Partnership. Effective January 1, 2023. House Floor Amendment No. 6 Provides that a representative of a statewide organization representing pediatricians shall also be included as one of the required public representatives of the Partnership appointed by the Governor.

Amends the Homelessness Prevention Act. Provides that the Department of Human Services shall be mindful of preventing undue administrative burden in the application process for individual tenants in applying for assistance. Provides that program staff shall endeavor to lessen any administrative burden on landlords receiving assistance payments. Amends the Eviction Article of the Code of Civil Procedure. Provides that a defendant shall have an affirmative defense to any action where the plaintiff has made a demand for possession that is based on unpaid rent regardless of whether the owner has joined in the action a claim for rent if the defendant, a social services agency, or a government agency offered the owner an application for emergency housing assistance and the owner refused to complete the process to obtain the emergency housing assistance and the defendant would have been eligible for the emergency housing assistance program. Provides that the owner may overcome the affirmative defense only if the court makes a finding that the application for emergency housing assistance would impose a significant administrative burden on the owner. Amends the Illinois Human Rights Act. Defines "source of income". Provides that if a landlord requires that a prospective tenant or current tenant have a certain threshold level of income, then the landlord shall subtract any source of income in the form of a rent voucher or subsidy from the total of the monthly rent prior to calculating if the income criteria have been met. Provides that a landlord shall not apply an income or asset requirement to a tenant with a non-wage source of income that the landlord does not apply to all tenants. Provides that if an income or asset requirement serves to generally exclude participants in a housing or benefits program, that requirement shall be considered presumptively discriminatory. Makes other changes. Fiscal Note (Dept. of Human Services) HB 2775 does not have a fiscal impact to the Department of Human Services. Housing Affordability Impact Note (Housing Development Authority) This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence. Senate Committee Amendment No. 1 Deletes reference to: 310 ILCS 70/4 from Ch. 67 1/2, par. 1304 310 ILCS 70/10 from Ch. 67 1/2, par. 1310 735 ILCS 5/9-106.4 new 775 ILCS 5/3-102.2 new 775 ILCS 5/8B-104 from Ch. 68, par. 8B-104 Replaces everything after the enacting clause. Amends the Illinois Human Rights Act. Declares that it is the public policy of the State to prevent discrimination based on source of income in real estate transactions. Defines "source of income" as the lawful manner by which an individual supports himself or herself and his or her dependents. Provides that it is a civil rights violation for various people to participate in specified discriminatory actions related to real estate transactions because of an individual's source of income.

Amends the Regulatory Sunset Act. Provides that the Pharmacy Practice Act is repealed on January 1, 2028 (instead of January 1, 2023). Amends the Pharmacy Practice Act. Provides that the individual taxpayer identification number may be used as an unique identifying number in an application for an original license. Provides that a registered pharmacy technician may be delegated to perform any task within the practice of pharmacy if specifically trained for that task except for final prescription verification except where a registered certified pharmacy technician verifies a prescription dispensed by another pharmacy technician using technology-assisted medication verification. Removes a provision that provides that additional licensure rules may provide for a reasonable annual fee, not to exceed $20, to fund the cost of recordkeeping. Provides that if a pharmacy temporarily closes for more than 72 hours, it is the duty of the pharmacist in charge and the owner of such pharmacy to report to the Department of Financial and Professional Regulation within 72 hours of temporary closure. Removes a provision that provides that exhibits shall be certified without cost. Provides that the citation the Department may issue to any licensee for any violation of the Act or the rules shall not exceed $3,000 (instead of $1,000). Makes other changes. Some provisions take effect upon becoming law. Senate Floor Amendment No. 1 Adds reference to: 225 ILCS 85/25.10 In the Pharmacy Practice Act, provides that nothing shall prohibit an individual employee licensed as a pharmacist, pharmacy technician, or student pharmacist (rather than only licensed as a pharmacist) from accessing the employer pharmacy's database from a home (rather than a pharmacist's home) or other remote location or pharmacist's home verification (rather than home verification) for the purpose of performing certain prescription processing functions, provided that the pharmacy establishes controls to protect the privacy and security of confidential records. Senate Floor Amendment No. 2 Corrects a typographical error.

Amends the Regulatory Sunset Act. Repeals the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act on January 1, 2028 (instead of January 1, 2023). Amends the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act. Defines "email address of record". Provides that the definition of "clinical supervision" includes face-to-face video if the session is synchronous and involves verbal and visual interaction during supervision. Provides that licensees shall provide a valid email address to the Department of Financial and Professional Regulation and inform the Department of any change of email address. Removes a provision that provides that nothing in the Act shall be construed to limit licensed professional counselors from providing social services that do not fall within the definition of professional counseling. Provides that no person shall, without a valid license, hold one's self out to the public as a professional counselor by using the credential "L.P.C.". Removes a provision that the Department may maintain names and addresses of all licenses and all persons whose licenses have been suspended, revoked, or denied renewal for cause within the previous calendar year. Provides that the Professional Counselor Licensing and Disciplinary Board shall consist of 7 persons, one (instead of 2) of whom is licensed solely as a professional counselor and 4 (instead of 3) of whom are licensed solely as clinical professional counselors. Removes a provision that provides for an exception for an applicant who applied for licensure before a specified date where an approved baccalaureate program in human services approved by the Department and 5 years of supervised experience would count as a qualification for licensure. Provides that if the Department finds an individual unable to practice because of a substance-related violation, the Department may require that individual to submit to a substance abuse evaluation or treatment by programs approved by the Department as a condition, term, or restriction for continued, restored, or renewed licensure to practice. Makes other changes. Provisions amending the Regulatory Sunset Act are effective immediately.

Amends the School Code. Provides that any spouse, natural child, legally adopted child under the age of 18 at the time of adoption, minor child younger than 18 who is under a court-ordered guardianship for at least 2 continuous years prior to application, or step-child under the age of 18 at the time of marriage of an eligible veteran or serviceperson shall, upon application and proper proof, be awarded a MIA/POW Scholarship. Provides that the holder of a MIA/POW Scholarship shall not be required to pay any tuition or mandatory fees while attending a State-controlled university or public community college in this State for a period equivalent to 4 years of enrollment, including summer terms. Amends the Children of Deceased Veterans Act. Changes the name of the Act to the Deceased, Disabled, and MIA/POW Veterans' Dependents Educational Opportunity Grant Act. Requires the Illinois Department of Veterans' Affairs to provide, subject to appropriation, for matriculation and tuition fees, board, room rent, books and supplies for the use and benefit of any natural child, adopted child, minor child who is under a court-ordered guardianship for at least 2 continuous years prior to application, or step-child of an eligible veteran or serviceperson, if the child is not under 10 and not over 18 years of age. Requires the child to provide proof of compliance with Illinois compulsory attendance requirements as provided under the School Code. Defines "eligible veteran or service person". Requires the Department to adopt rules on how to render payments to eligible minor children of deceased veterans or servicepersons. Effective immediately.

Amends the Nurse Practice Act. Provides that the Department of Financial and Professional Regulation may issue a certified registered nurse anesthetist license to an advanced practice registered nurse who does not have a graduate degree, applies for licensure before July 1, 2028 (instead of July 1, 2023), and submits the other required information to the Department.

Amends the Regulatory Sunset Act. Repeals the Wholesale Drug Distribution Licensing Act on January 1, 2028 (instead of January 1, 2023). Amends the Wholesale Drug Distribution Licensing Act. Defines "address of record", "email address of record", and "suspicious order". Changes the definition of "wholesale drug distributor". Provides that applicants and licensees must provide a valid address and email address to the Department of Financial and Professional Regulation and must inform the Department of any change of these within 14 days. Provides that each licensee required to report suspicious orders shall submit such report to the Department. Provides that an individual taxpayer identification number or other unique identifying number (instead of only a social security number) may be included on the application for an original license and the application shall be made in writing or electronically and accompanied by the required, nonrefundable fee. Provides that any licensee who engages in the practice for which the license was issued while the license is expired shall be considered to be practicing without a license, which is grounds for discipline. Removes provisions that provide that: the Department shall present to the State Board of Pharmacy for review all appropriation requests from the Illinois State Pharmacy Disciplinary Fund; the Department shall maintain a roster of the names and addresses of all registrants and all persons whose licenses have been suspended or revoked; and rules that set detailed standards for meeting each license prerequisite requirements shall be adopted no later than September 14, 1992. Provides that the written notice of disciplinary hearing may be served by email or physical mail to the respondent's email address of record or address of record. Provides that the Department may subpoena and compel the relevant documents in connection with any hearing. Provides that if the Secretary of Financial and Professional Regulation disagrees with the recommendation of the Board or hearing officer, the Secretary may issue an order in contravention of the recommendation. Provides that the sanctions imposed upon the accused by the Department shall remain in full force and effect in order to protect the public pending final resolution of the proceedings. Repeals a provision concerning references to the Department or Director of Professional Regulation. Makes corresponding and other changes. Provisions amending the Regulatory Sunset Act are effective immediately. Senate Floor Amendment No. 1 Provides that "wholesale drug distributor" does not include virtual wholesalers or virtual distributors.

Amends the Illinois Insurance Code. Provides that a group or individual policy of accident and health insurance or a managed care plan amended, delivered, issued, or renewed on or after the effective date of the amendatory Act shall provide coverage for community-based pediatric palliative or hospice care. Provides that the care shall be delivered to any qualifying child by a trained interdisciplinary team in accordance with all the terms of the Pediatric Palliative Care Act, which allows a child to receive community-based pediatric palliative and hospice care while continuing to pursue curative treatment and disease-directed therapies for the qualifying illness. Makes conforming changes in the State Employees Group Insurance Act of 1971, the Counties Code, the Illinois Municipal Code, the School Code, the Health Maintenance Organization Act, the Limited Health Service Organization Act, and the Voluntary Health Services Plans Act. Senate Committee Amendment No. 1 Provides that a group or individual policy of accident and health insurance or a managed care plan amended, delivered, issued, or renewed on or after January 1, 2024 (rather than after the effective date of the amendatory Act) shall provide coverage for community-based pediatric palliative care and hospice care and that the care shall be delivered to any qualifying child with a serious illness by a trained interdisciplinary team that allows a child to receive community-based pediatric palliative and hospice care while continuing to pursue curative treatment and disease-directed therapies for the qualifying illness. Defines "palliative care" and "serious illness".

Amends the Chicago Police Article of the Illinois Pension Code. Provides that if a policeman receives any compensation as temporary total disability, permanent total disability, a lump sum settlement award, or other payment under the Workers' Compensation Act or the Workers' Occupational Diseases Act for any injury resulting in disability, any disability benefit provided to the policeman for such disability under the Article shall be reduced by any compensation amount so received, if that compensation amount is less than the amount of the disability benefit. Provides that if the amount received as compensation exceeds the amount of the disability benefit, the policeman shall not receive the disability benefit until the disability benefit payable equals the amount of such compensation received without consideration of interest. Provides that if the widow, child or children, or parent or parents of a policeman, or any of these persons, receives any compensation under the Workers' Compensation Act or the Workers' Occupational Diseases Act for any injury resulting in the policeman's death, the annuities provided for those beneficiaries shall be reduced by any compensation amount so received, if that compensation amount is less than the amount of the annuities. Provides that in computing a policeman's service, periods during which the policeman received compensation under the Workers' Compensation Act or the Workers' Occupational Diseases Act shall be counted. Amends the State Mandates Act to require implementation without reimbursement by the State. Effective immediately. House Committee Amendment No. 1 Provides that if a policeman receives any compensation as temporary total disability, permanent total disability, a lump sum settlement award, or other payment under the Workers' Compensation Act or the Workers' Occupational Diseases Act as a result of the policeman's secondary employment for any injury resulting in disability (rather than any injury resulting in disability), any disability benefit provided to the policeman for such disability under the Article shall be reduced by any compensation amount so received, if that compensation amount is less than the amount of the disability benefit. Provides that the calculation of compensation received by the policeman shall not take into consideration any benefits received under the Line of Duty Compensation Act. Provides that if the widow, child or children, or parent or parents of a policeman, or any of these persons, receives any compensation under the Workers' Compensation Act or the Workers' Occupational Diseases Act as a result of the policeman's secondary employment for any injury resulting in the policeman's death (rather than any injury resulting in the policeman's death), the annuities provided for those beneficiaries shall be reduced by any compensation amount so received, if that compensation amount is less than the amount of the annuities. Provides that the calculation of compensation received by the widow, child or children, or parent or parents of a policeman, or any of these persons, shall not take into consideration any benefits received under the Line of Duty Compensation Act or the federal Public Safety Officers Benefits Act of 1976.