Sen. Edward D. Maloney

Amends the School Code. Makes technical changes in a Section concerning teacher certification.

Creates the Children's Mental Health Act of 2003 and amends the State Finance Act and the Illinois Public Aid Code. Requires the development of a Children's Mental Health Plan containing short-term and long-term recommendations to provide comprehensive, coordinated mental health prevention, early intervention, and treatment services for children from birth through age 18. Sets forth features that must be included in the plan. Creates the Children's Mental Health Council, composed of representatives of State government and representatives of various advocacy organizations, to submit a preliminary plan to the Governor on September 30, 2004 and a final plan on June 30, 2005. Imposes certain duties on the Office of Mental Health within the Department of Human Services, the State Board of Education, and school districts. Creates the Children's Mental Health Fund as a special fund in the State treasury, to be used for appropriations to the Department of Human Services for mental health prevention, early intervention, and treatment services for children from birth through age 18. Under the Medicaid program, requires the Department of Public Aid to provide for the screening and assessment of a child before a Medicaid-funded admission to an inpatient hospital for psychiatric services. Effective immediately.

Creates the Display of Tobacco Products Act. Provides that it is unlawful to sell, offer for sale, give away, or display tobacco products for sale at any location where the consumer can acquire those products through self-service. Provides that every tobacco product must be displayed from behind a sales or service counter so that a consumer cannot access tobacco products without assistance by an employee of the retail establishment authorized to sell tobacco products. Exempts the sale of tobacco products from vending machines if the vending machines are located in places authorized under the Sale of Tobacco to Minors Act. Provides that a violation is a petty offense for which the court shall impose a fine of not less than $100 nor more than $1,000. Exempts retail tobacco stores from the self-service restriction on tobacco product displays provided that the retail tobacco store (i) derives at least 90% of its revenue from tobacco and tobacco related products; (ii) does not permit persons under the age of 18 to enter the premises; and (iii) posts a sign on the main entrance way stating that persons under the age of 18 are prohibited from entering.

Amends the Managed Care Reform and Patient Rights Act. Makes technical changes in a Section concerning waiver of rights.

Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that the Department of Human Services shall include, in the annual service needs report regarding autism submitted to the General Assembly, a plan to provide family support mechanisms to enable persons with autism to remain in a family home environment. Amends the Illinois Public Aid Code. Extends eligibility for continued home-based skilled or intermediate care to persons over age 18 (under current law, eligibility is limited to persons 18 or younger). Requires an annual determination of need for that level of care and requires the Department of Human Services to make an annual report concerning services provided and other matters. Effective immediately.

Amends the Illinois Income Tax Act. Provides that, for 5 taxable years, each taxpayer is entitled to an income tax credit in the amount of 5% of the amount spent by the taxpayer in the taxable year for health insurance premiums for the taxpayer, the taxpayer's spouse, and dependents of the taxpayer. Provides that the tax credit may not reduce the taxpayer's liability to less than zero and may not be carried forward or back. Effective July 1, 2004.

Amends the Criminal Code of 1961. Makes technical changes in a Section concerning the short title.

Amends the School Code. Provides that the State Board of Education, in coordination with the Illinois Board of Higher Education, shall implement a Giant Steps Autism Center for Excellence program for the study and evaluation of autism and to provide related teacher training and other services. The program shall be operated over a period of 3 school years, beginning with the 2004-2005 school year. The State Board of Education is authorized to make grants to school districts that apply to participate in the Giant Steps Autism Center for Excellence program. The State Board of Education shall by rule provide the form of application and criteria to be used and applied in selecting participating school districts. Effective immediately.

Amends the Illinois Act on the Aging by providing that, beginning July 1, 2004, vendors of homemaker, chore, and housekeeping services shall receive a rate increase of $1.16 per hour if at least $0.86 of that increase is used to increase the wages of homemakers and chore housekeepers. Provides that vendors receiving this increase must submit proof to the Department, either (i) by a an audited supplemental to the Direct Service Workers cost report or (ii) by the terms of a collective bargaining agreement, that they have increased homemakers' and chore housekeepers' wages by $0.86 per hour. Effective on July 1, 2004.

Amends the School Code. In provisions concerning the volunteer service credit program, provides that community service that may count as credit towards graduation may include participation in a high school or community blood drive or other blood donor recruitment campaign.