Sen. Napoleon Harris

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 Hospital Licensing Act. Requires a hospital to provide a plan of correction to the Department of Public Health within 60 days if the hospital demonstrates a pattern or practice of failing to substantially comply with specified requirements or with the hospital's written staffing plan. Allows the Department to impose specified fines on a hospital for failing to comply with written staffing plans for nursing services or plans of correction. Requires money from fines to be deposited into the Hospital Licensure Fund (instead of the Long Term Care Provider Fund). Contains provisions concerning staffing plans. Amends the Nursing Education Scholarship Law. Provides that the Department of Public Health may award a total of $500,000 annually in nursing education scholarships. Amends the Illinois Income Tax Act. Creates an income tax credit for taxpayers who are employed during the taxable year as nurse educators. Provides that the credit shall be equal to 2.5% of the taxpayer's federal adjusted gross income for the taxable year. Effective immediately. House Committee Amendment No. 1 Deletes reference to: 35 ILCS 5/232 new In provisions of the bill amending the Hospital Licensing Act, restores provisions of current law providing that fines for failing to initiate certain criminal background checks or failing to report the death of a person known to be a resident of a facility licensed under the ID/DD Community Care Act or the MC/DD Act shall be deposited into the Long Term Care Provider Fund. Reinserts with formatting changes the provisions of the introduced bill concerning fines for failing to implement a written staffing plan for nursing services or failing to substantially comply with a plan of correction. Removes provisions of the bill creating an income tax credit for nurse educators.

Creates the Privacy of Adult Victims of Criminal Sexual Offenses Act. Defines "adult victim" and "criminal history record information." Provides that notwithstanding any other law to the contrary, inspection and copying of law enforcement records maintained by any law enforcement agency or all circuit court records maintained by any circuit clerk relating to any investigation or proceeding pertaining to a criminal sexual offense, by any person not exempted by this Act, shall be restricted to exclude the identity of the adult victim without a court order. Provides that when a criminal sexual offense is committed or alleged to have been committed by a school district employee or any individual contractually employed by a school district, a copy of the criminal history record information relating to the investigation of the offense or alleged offense shall be transmitted to the superintendent of schools if certain conditions are met. Makes other changes. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the bill as introduced, with the following change: Clarifies language related to restricting the identity of victims of criminal sexual offenses or alleged criminal sexual offenses by providing that such identity shall be restricted unless a court order is issued authorizing the removal of such restriction of a particular case record or particular records of cases maintained by any circuit court clerk. House Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the bill as engrossed, with the following changes: Provides that an advocate and victim's attorney may be exempt from a requirement to exclude a victim's identity in certain records, and removes "parent" from the list of exempt individuals. Provides that a court may for the adult victim's protection and for good cause shown, prohibit any person or agency present in court from further disclosing the adult victim's identity. Provides that a court may prohibit such disclosure only after giving notice and a hearing to all affected parties. Provides that in determining whether to prohibit disclosure of the adult victim's identity the court shall consider: (a) the best interest of the adult victim; and (b) whether such nondisclosure would further a compelling State interest. Provides that the copy of the criminal history record information that is to be provided under a provision concerning criminal sexual offense and school districts shall exclude the identity of the adult victim. Provides that the superintendent shall be restricted from revealing the identity of the adult victim. House Floor Amendment No. 2 Provides that the Attorney General and Assistant Attorneys General may be exempt from a requirement to exclude a victim's identity in certain records.

Amends the Unified Code of Corrections. Provides that the Department of Corrections and the Department of Juvenile Justice shall require their correctional officers to undergo mental health screenings and tests and shall develop rules to monitor and track their interaction with committed persons and to provide for discharge or other assignments for officers who are mentally unable to interact with committed persons. Defines "correctional officer". House Floor Amendment No. 1 Replaces everything after the enacting clause. Amends the Unified Code of Corrections. Provides that the Department of Corrections and the Department of Juvenile Justice shall require applicants for hiring as correctional officers to undergo mental health screenings and tests prior to their employment as correctional officers and upon their employment shall develop rules to monitor their interaction with committed persons and to provide for discharge or other assignments for officers who are mentally unable to interact with committed persons. Provides that the Department of Corrections and the Department of Juvenile Justice shall create a staff in crisis committee for correctional officers who have mental health issues as a result of their employment. Defines "correctional officer". Provides that for the Department of Juvenile Justice "correctional officer" refers to direct care staff of juveniles committed to a Department of juvenile Justice facility. Provides that the staff in crisis committee shall be made available for direct care staff who are subject to disciplinary action by the Department of Juvenile Justice. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the bill as engrossed, with the following changes: Further amends the Unified Code of Corrections. Provides that the Department Corrections shall implement a wellness program to provide employees and staff with support to address both professional and personal challenges as they relate to the correctional environment. Provides that the Department shall establish response teams to provide comprehensive support to employees and staff affected by events that are both duty-related and not duty-related and provide training to response team members. Provides that the wellness program shall be accessible to any Department employee, whether full-time or part-time, contractual or temporary staff and approved volunteers. Makes a similar change to a provision concerning employees of the Department of Juvenile Justice. Adds a preamble concerning the policy of the Department of Corrections and the Department of Juvenile Justice regarding employees seeking mental health care.

Amends the Criminal Identification Act. Provides that the Illinois State Police and all law enforcement agencies within the State shall automatically expunge all criminal history records of a conviction for felony prostitution committed prior to the effective date of the amendatory Act. Establishes timelines for the automatic expungement of the records based on the date of the creation of the records. Amends the Code of Criminal Procedure of 1963. Provides that a petition for post-conviction relief may be filed by a person confined, or subject to being confined by the State, local, or federal government as a result of a State criminal conviction (rather than only by persons imprisoned in the penitentiary). Strikes a provision concerning expungement procedures for drug tests. Effective immediately. Senate Floor Amendment No. 1 Adds reference to: 725 ILCS 5/122-9 new Deletes a provision providing for the automatic expungement of felony prostitution convictions within a certain time frame. Provides that any individual may at any time institute proceedings under the Post-Conviction Hearing Article of the Code of Criminal Procedure of 1963, notwithstanding that he or she is no longer imprisoned and notwithstanding that his or her liberties are not being currently curtailed by action of the State, if his or her conviction has potential consequences under federal immigration law. Defines "conviction". House Floor Amendment No. 1 Deletes reference to: 725 ILCS 5/122-9 new Adds reference to: 735 ILCS 5/2-1401 from Ch. 110, par. 2-1401 Deletes a new provision added to the Code of Criminal Procedure of 1963 concerning the institution of specified proceedings. Amends the Code of Civil Procedure. In a provision concerning relief from judgments, provides that any individual may at any time file a petition and institute proceedings, if his or her final order or judgment, which was entered based on a plea of guilty or nolo contendere, has potential consequences under federal immigration law. House Floor Amendment No. 2 Reinserts a stricken provision relating to the petitioner passing a drug test.

Creates the Lead Service Line Replacement and Notification Act. Creates the Lead Service Line Replacement Fund to be used to finance and administer programs and activities specified under the Act. Provides that the Environmental Protection Agency shall be responsible for the administration of the Fund and shall allocate moneys on the basis of priorities established by the Agency. Makes a conforming change in the State Finance Act. Requires a lead in drinking water protection fee be imposed on billing water usage in specified amounts to be collected by all community water supplies. Requires the owner or operator of each community water supply to perform specified activities. Creates the Lead Service Line Replacement Advisory Board within the Agency to perform specified duties. Contains other provisions. Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Requires the Department of Commerce and Economic Opportunity to establish a comprehensive low-income water assistance policy and program with specified requirements. Amends the Public Utilities Act. Provides that the Illinois Commerce Commission may allow or direct a water utility to establish a customer assistance program that provides financial relief to residential customers who qualify for income-related assistance. Makes other changes. Amends the Environmental Protection Act. Requires specified entities to provide to the Environmental Protection Agency by December 31, 2023, and again by December 31, 2025, specified information as it relates to the cost of providing water service. Provides that the Agency shall publish the information on the Agency's website. Provides that the Agency may adopt rules setting forth the general requirements for submittal of the information. Repeals the provisions regarding the information on January 1, 2026. Repeals a Section regarding lead in drinking water notifications and inventories. House Floor Amendment No. 1 Deletes reference to: New Act 30 ILCS 105/5.935 new 220 ILCS 5/8-306 Adds reference to: 30 ILCS 105/5.938 new Replaces everything after the enacting clause. Provides that the amendatory Act may be referred to as the Lead Service Line Replacement and Notification Act. Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Requires the Department of Commerce and Economic Opportunity to establish a comprehensive low-income water assistance policy and program with specified requirements. Amends the Environmental Protection Act. Requires the owner or operator of each community water supply to perform specified activities. Creates the Lead Service Line Replacement Advisory Board within the Environmental Protection Agency to perform specified duties. Creates the Lead Service Line Replacement Fund to be used to finance and administer programs and activities specified under the amendatory provisions. Makes a conforming change in the State Finance Act. Provides that, within one year after the amendatory Act's effective date, the Agency shall design a program with specified requirements for the purpose of administering lead service line replacement funds. Contains other provisions. Repeals a Section of the Environmental Protection Act regarding lead in drinking water notifications and inventories. Senate Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the engrossed bill, and makes the following changes. Requires that when an owner or operator of a community water supply awards a contract under the Act, contracts representing at least 11% of the total projects (rather than of the total annual premiums or fees) shall be awarded to minority-owned businesses; contracts representing at least 7% of the total projects (rather than of the total annual premiums or fees) shall be awarded to women-owned businesses; and contracts representing at least 2% of the total projects (rather than of the total annual premiums or fees) shall be awarded to businesses owned by persons with disabilities. In provisions requiring every owner or operator of a community water supply to create a plan to replace specified service lines, requires a proposed lead service line replacement schedule to also include 10-year goals. Requires the owner or operator of a community water supply to submit a report detailing progress toward plan goals to the Environmental Protection Agency. Specifies requirements for the reports. Provides that corporate authorities of a municipality may exercise the authority provided under specified provisions of the Property Tax Code and Illinois Municipal Code for costs associated with lead service line remediation and replacement (instead of impose a tax, fee, surcharge, charge, assessment, or other amount payable or imposed as deemed necessary, by ordinance or resolution by the corporate authorities, to be used solely for costs incurred by the municipality associated with lead service line remediation). In provisions specifying the replacement rates and timelines for replacement of lead service lines by an owner or operator of a community water supply, requires that a community water supply reporting more than 99,999 lead service lines in its final inventory and replacement plan shall replace all lead service lines, at an annual rate of no less than 2% of the amount described in the final inventory, with a timeline of up to 50 years for completion. Authorizes the Agency to grant one extension of additional time equal to not more than 20% of the original replacement timeline, except in situations of extreme hardship in which the Agency may consider a second additional extension equal to not more than 10% of the original replacement timeline. Removes language limiting the purposes and amounts for which moneys in the Lead Service Line Replacement Fund may be used. Requires the Agency to design rules for a program (rather than design a program) for the purpose of administering lead service line replacement funds. Makes changes to provisions concerning the requirements for the program. Removes language specifying the information that must be included in the annual consumer confidence report required under the United States Environmental Protection Agency's National Primary Drinking Water Regulations. Makes other changes. Senate Floor Amendment No. 2 Makes a technical change in the citation of sections of the Property Tax Code.

Amends the Nursing Home Care Act. Provides that, no later than January 1, 2022 (rather than 2011) the Department of Public Health shall file with the Secretary of State's Office (rather than the Joint Committee on Administrative Rules) proposed rules or proposed amendments to existing rules to certify nursing homes or distinct self-contained units within existing nursing homes (rather than only distinct self-contained units within existing nursing homes) for the behavioral management of persons with a high risk of aggression. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill with the following change. Provides that the definition of a "person with high risk of aggression" in proposed rules or proposed amendments to existing rules filed by the Department of Public Health shall not include any person with a serious mental illness who is eligible to receive services under the Specialized Mental Health Rehabilitation Act of 2013. Effective immediately. House Floor Amendment No. 1 Provides that no more than 3 facilities shall be certified in the first 3 years after the effective date of the amendatory Act. Provides that, prior to the expansion of the number of certified facilities, the Department of Public Health shall collaborate with specified stakeholders to evaluate the efficacy of the certification program.

Amends the Nursing Home Care Act. Provides that the Department of Public Health shall require each long-term care facility in the State, as a condition of facility licensure, to adopt and implement written policies, provide for the availability of technology to facility residents, and ensure that appropriate staff and other capabilities are in place to prevent the social isolation of facility residents. Contains specified requirements for the social isolation prevention policies. Provides that the Department shall distribute civil monetary penalty funds, as approved by the federal Centers for Medicare and Medicaid Services, and any other available federal and State funds, upon request, to facilities for communicative technologies and accessories needed for the purposes of the provisions. Provides that whenever the Department conducts an inspection of a long-term care facility, the Department's inspector shall determine whether the long-term facility is in compliance with the provisions and the policies, protocols, and procedures adopted pursuant to the provisions. Requires the Department to adopt rules necessary to implement the provisions within 60 days after the amendatory Act's effective date (and makes conforming changes in the Illinois Administrative Procedure Act). Contains other provisions. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Removes language providing that the Department of Public Health shall require each long-term care facility in the State to perform specified actions as a condition of facility licensure. Provides that the social isolation prevention policies shall not be interpreted as a substitute for in person visitation, but shall be wholly in addition to the existing in person visitation policies. Provides that a resident's individualized visitation plan shall give priority to the resident's preferences over the preferences of the resident's representative. Provides that a long-term care facility may apply for (rather than the Department shall distribute) civil monetary penalty fund grants, and may request other available federal and State funds to obtain assistive and supportive technologies and related accessories that would facilitate communication between residents and other family members, friends, and external support systems. Provides that the Department (rather than the Department's inspector) shall determine whether a long-term care facility is in compliance with the provisions whenever the Department conducts an annual licensure and certification survey, when a complaint is received, or as frequently as may be necessary (rather than whenever the Department conducts an inspection of a long-term care facility). Provides that a noncompliant long-term care facility shall be liable to pay an administrative penalty as a Type "C" violation. Provides that implementation of an administrative penalty as a Type "C" violation under the provisions shall not be imposed prior to January 1, 2023. Makes other changes. Effective immediately. Senate Floor Amendment No. 2 In provisions amending the Nursing Home Care Act, provides that the social isolation prevention policies adopted by each long-term care facility shall be consistent with the rights and privileges guaranteed to residents and constraints provided under specified provisions of the Nursing Home Care Act. House Floor Amendment No. 2 Replaces everything after the enacting clause with the provisions of the engrossed bill with the following changes. Adds provisions regarding legislative findings. Replaces references to specified types of equipment with references to assistive and supportive technology and devices. Requires appropriate staff to develop and update an individualized virtual visitation schedule while taking into account the individual's requests and preferences (rather than to assess and regularly reassess the individual needs and preferences of facility residents). Requires appropriate staff to develop an individualized virtual visitation schedule (rather than an individualized visitation plan) with specified requirements. Provides that specific protocols and procedures shall be developed to ensure that the quantity of assistive and supportive technology and devices maintained on-site at a facility remains sufficient, at all times, to meet the assessed social and activity needs and preferences of each facility resident. Makes other changes. Effective immediately.

Amends the Privacy of Child Victims of Criminal Sexual Offenses Act. Provides that law enforcement agency records and all circuit court records relating to any investigation or proceeding pertaining to a criminal sexual offense shall be restricted to exclude the identity of a child victim, and shall not be restricted to exclude the identity of any child who is a victim of such criminal sexual offense or alleged criminal sexual offense only if a court order is issued authorizing the disclosure of a particular case or particular cases records maintained by any circuit court clerk. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the bill as introduced, with the following change: Clarifies language related to restricting the identity of child victims of criminal sexual offenses or alleged criminal sexual offenses by providing that such identity shall be restricted unless a court order is issued authorizing the removal of such restriction of a particular case record or particular records of cases maintained by any circuit court clerk. House Committee Amendment No. 1 Further amends the Privacy of Child Victims of Criminal Sexual Offenses Act. Provides that an advocate and victim's attorney may be exempt from a requirement to exclude a victim's identity in certain records (in addition to the exemptions provided in current law). Provides that the copy of the criminal history record information to be provided under a specified provision shall exclude the identity of the child victim. Provides that, in a provision concerning criminal sexual offense and school districts, a superintendent shall be restricted from revealing the identity of the victim. Provides that nothing in this Article precludes or may be used to preclude a mandated reporter from reporting child abuse or child neglect as required under the Abused and Neglected Child Reporting Act. House Floor Amendment No. 2 Provides that the Attorney General and Assistant Attorneys General may be exempt from a requirement to exclude a victim's identity in certain records.

Amends the Illinois Insurance Code. In provisions concerning enterprise risk filings, describes insurance holding company systems that are required to file an annual group capital calculation and those that are exempt from filing a group capital calculation. Provides that the ultimate controlling person of every insurer subject to registration and scoped into the NAIC Liquidity Stress Test Framework shall file the results of a specific year's liquidity stress test. Sets forth restrictions on insurer publishing. In provisions concerning credit allowed for domestic ceding insurers, provides terms by which credit is allowed for reinsurance. Provides that credit shall be allowed when reinsurance is ceded to an assuming insurer that meets specified conditions. Provides that the Director shall timely create and publish a list of reciprocal jurisdictions. Provides that the Director shall timely create and publish a list of assuming insurers that have satisfied specified conditions and to which cessions shall be granted. Provides that the Director may revoke or suspend the eligibility of the assuming insurer. Provides that the ceding insurer or its representative may seek and obtain an order requiring that the assuming insurer post security for all outstanding ceded liabilities under specified conditions. Provides that credit may be taken only for reinsurance agreements entered into, amended, or renewed on or after the effective date of the amendatory Act and only for losses incurred and reported on or after specified dates. Provides that the amendatory Act shall not limit or in any way alter the capacity of parties to a reinsurance agreement to agree on requirements for security or other terms in that reinsurance agreement except as expressly prohibited by applicable law or regulation, shall not authorize an assuming insurer to withdraw or reduce the security provided under any reinsurance agreement except as permitted by the terms of the agreement, and shall not limit or in any way alter the capacity of parties to any reinsurance agreement to renegotiate the agreement. Defines "group capital calculation instructions", "NAIC Liquidity Stress Test Framework", and "scope criteria". Makes other changes. Effective December 31, 2022. Senate Committee Amendment No. 1 In provisions of the Insurance Holding Company Systems Article of the Illinois Insurance Code concerning confidential treatment of documents, materials, or other information, makes changes concerning the information reported or provided to the Department of Insurance that is recognized by the State as being proprietary and to contain trade secrets, and is confidential by law and privileged, not subject to the Freedom of Information Act, not subject to subpoena, and not subject to discovery or admissible in evidence in any private civil action.