Sen. Omar Aquino

Creates the Agriculture Equity Commission Act. Establishes the Agriculture Equity Commission. Provides for membership of the Commission. Provides that members shall serve without compensation. Provides for the filling of Commission vacancies. Provides for administrative and other support to the Commission. Provides for the duties of the Commission. Requires the Commission to annually report to the Governor and the General Assembly on its findings, recommendations, and other relevant matters concerning and based upon its duties.

Amends the Regulatory Sunset Act. Provides that the Funeral Directors and Embalmers Licensing Code is repealed on January 1, 2028 (instead of January 1, 2023). Amends the Funeral Directors and Embalmers Licensing Code. Defines "email address of record". Removes a provision providing that the Department of Financial and Professional Regulation shall maintain rosters of the licensees and those whose licenses were suspended, revoked, denied renewal, or otherwise disciplined. Provides that licensees shall provide a valid email address to the Department and inform of any change of the email address. Removes a provision that provides that licensees who have not engaged in the practice of funeral directing for at least 40 years by January 1, 2016 shall not receive the continuing education exemption after that date. Provides that the Department shall determine an inactive licensee's fitness to resume active status and may require successful completion of a practical examination or any other method the Department deems appropriate. Provides that the licensee is authorized to effect a final disposition of unclaimed cremated remains if no person lawfully entitled to the custody of the remains makes or has made a proper request for them within 60 days (instead of 1 year) of the date of death of the cremated person. Allows licenses to be applied for electronically. Allows the written notice of proceedings to be served by email. Provides that the Department shall provide a certified shorthand reporter to take down the testimony and preserve a record of all proceedings at specified hearings. Includes additional factors that the Funeral Directors and Embalmers Licensing and Disciplinary Board may take into consideration in making recommendations for any disciplinary action. Provides that any person who practices, offers to practice, attempts to practice, or holds one's self out as a funeral director, embalmer, or embalmer intern without being licensed shall pay a civil penalty to the Department in an amount not to exceed $10,000 for each offense. Repeals provisions concerning: Social Security Numbers on license applications; consent orders; and conflicts of interest. Makes other changes. Provisions amending the Regulatory Sunset Act are effective immediately. Senate Floor Amendment No. 1 Deletes reference to: 5 ILCS 80/4.33 5 ILCS 80/4.38 225 ILCS 41/1-10 225 ILCS 41/1-15 225 ILCS 41/1-30 225 ILCS 41/5-7 225 ILCS 41/5-10 225 ILCS 41/5-15 225 ILCS 41/5-18 225 ILCS 41/5-20 225 ILCS 41/10-7 225 ILCS 41/10-20 225 ILCS 41/10-30 225 ILCS 41/10-43 225 ILCS 41/15-10 225 ILCS 41/15-15 225 ILCS 41/15-18 225 ILCS 41/15-20 225 ILCS 41/15-21 225 ILCS 41/15-22 225 ILCS 41/15-30 225 ILCS 41/15-40 225 ILCS 41/15-41 225 ILCS 41/15-65 225 ILCS 41/15-75 225 ILCS 41/15-80 225 ILCS 41/15-91 225 ILCS 41/10-22 rep. 225 ILCS 41/15-17 rep. 225 ILCS 41/15-100 rep. Adds reference to: 5 ILCS 140/7.5 225 ILCS 510/3 from Ch. 111, par. 953 225 ILCS 510/5 from Ch. 111, par. 955 225 ILCS 510/7 from Ch. 111, par. 957 225 ILCS 510/13 from Ch. 111, par. 963 225 ILCS 510/14 from Ch. 111, par. 964 225 ILCS 510/14.1 225 ILCS 510/14.3 new Replaces everything after the enacting clause. Amends the Nurse Agency Licensing Act. Defines "covenant not to compete" and "employee". Changes the definitions of "health care facility" and "nurse". Provides that an application for licensure shall contain evidence of general and professional liability insurance (rather than only professional liability insurance) in the amount of at least $1,000,000 (instead of $500,000) per incident and $3,000,000 (instead of $1,000,000) in the aggregate and workers' compensation coverage (rather than only in the aggregate). Provides that for the renewal of a license, the licensee shall also submit an attestation detailing specified information. Provides that prior to employing, assigning, or referring a certified nurse aide to a position at a health care employer or long-term facility, the nurse agency shall review the information provided on the Health Care Worker Registry to verify that the certified nurse aide is not ineligible for the position. Provides that knowingly employing, assigning, or referring to a health care facility a nurse or certified nurse aid with an illegally or fraudulently obtained or issued diploma, registration, license, certificate, or background study constitutes negligent hiring and is a violation of the Act. Changes the minimum standards for the operation of nurse agencies. Provides that no less than 100% of the nurse or certified nurse aide hourly rate shall be paid to the nurse or certified nurse aide employee. Provides that nurse agencies are prohibited from entering into covenants not to compete with nurses and certified nurse aides. Provides that a nurse agency shall submit a report quarterly to the Department of Financial and Professional Regulation for each health care entity with whom the agency contracts. Provides that the Department of Financial and Professional Regulation shall publish on its website the reports yearly by county. Provides that the Department of Labor shall compel production of the maintained records by the nurse agencies. Provides that the Department of Financial and Professional Regulation shall establish a system of reporting complaints against a health care staffing agency. Provides that the Department of Financial and Professional Regulation shall publish on its website how an interested party may submit a complaint of a violation of the Act to the Department of Financial and Professional Regulation. Provides that complaints against a nurse agency shall be investigated by the Department of Labor. Increases the civil penalty for violation of the Act to $10,000 per occurrence (currently $1,000 per day for each violation). Provides that any nurse staffing agency that has been found not to have paid an employee 100% of the hourly wage rate identified in the contract shall be liable to the employee for the actual amount of the underpayment, plus damages of 5% of the amount of the underpayment. Provides that a contract entered into on or after the effective date of the amendatory Act between the nurse agency and health care facility must contain specified provisions. Provides that a party's failure to comply with the requirements of the provisions concerning a contract between a nurse agency and a health care facility shall be a defense to the enforcement of a contract between a nurse agency and a health care facility. Provides that a prevailing party may recover specified damages, specified fees and costs, and other relief for each violation. Makes other changes. Makes a corresponding change in the Freedom of Information Act. Effective July 1, 2022.

Creates the Equity and Representation in Health Care Act. Contains the findings of the General Assembly. Creates the Equity and Representation in Health Care Workforce Repayment Program and the Equity and Representation in Health Care Workforce Scholarship Program to be administered by the Department of Public Health. Provides that a health care professional, medical facility, or behavioral health provider may apply to the Department for loan repayment assistance under the Program. Provides that, in order to be eligible for loan repayment under the Act, the health care professional or behavioral health provider shall comply with specified requirements. Requires the Department to submit an annual report with specified requirements to the General Assembly and the Governor. Contains provisions regarding the adoption of rules by the Department. Contains other provisions. House Floor Amendment No. 2 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Provides that loan repayment and scholarship program funds are subject to appropriation. Provides that an individual who is awarded a loan repayment authorized under the Act shall not receive concurrent loan repayments through any other Illinois or federal loan repayment program. Requires the Department of Public Health to share information about the application process for a scholarship or loan repayment under the Act prominently on the Department's website, as well as with specified Illinois-based health care training programs and institutions of higher education. Requires recipients who fail to meet their obligations to pay to the Department a sum of at least 1.5 times plus 7% interest annually (rather than a sum equal to) the amount of the received moneys. Contains provisions for waiver or deferment of a recipient's obligation under the Act. Provides that the Act is effective January 1, 2023. Makes other changes. Senate Committee Amendment No. 1 Provides that a nurse is a "health care professional". Removes language providing that a certified nurse midwife is a "health care professional". Defines "nurse" as a person who is licensed as a licensed practical nurse or as a registered nurse under the Nurse Practice Act.

Amends the Early Intervention Services System Act. Requires all early intervention services to be initiated as soon as possible but not later than 30 calendar days after the consent of the parent or guardian has been obtained for the child's individualized family service plan. Provides that services may be initiated later than 30 calendar days after the consent of the parent or guardian has been obtained if the multidisciplinary team determines that a later initiation date is necessary to meet the individual needs of the child and family, the child's parent or guardian provides informed written consent for the later initiation date, and the reasons for the later initiation date are documented by the multidisciplinary team. Provides that the parent or guardian must be informed in writing, which may be done electronically if the parent or guardian prefers, that services shall be initiated no later than 30 calendar days after the individualized family service plan has been developed or on a later initiation date as determined by the multidisciplinary team with the informed consent of the parent or guardian. Provides that if services are not initiated within 30 calendar days after the consent of the parent or guardian has been obtained for the individualized family service plan or on a later initiation date as determined by the multidisciplinary team with the informed consent of the parent or guardian, the parent or guardian must be informed by the family's Child and Family Connections service coordinator in writing, which may be done electronically if the parent or guardian prefers, of the family's legal rights and alternative service options available to the family until an early intervention provider is identified, including, but not limited to, providers not currently early intervention credentialed or enrolled in the early intervention program. Effective July 1, 2022. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Early Intervention Services System Act. Provides that all early intervention services shall be initiated as soon as possible but not later than 30 calendar days after the consent of the parent or guardian has been obtained for the individualized family service plan, in accordance with rules adopted by the Department of Human Services. Effective July 1, 2022.

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".

Amends the Illinois Vehicle Code. Requires that the sale of a motor vehicle that bears equipment, markings, or other indicia of police authority include the removal of all spot lamps from the vehicle prior to delivery of that vehicle. House Floor Amendment No. 1 Deletes language requiring the removal of all spot lamps from the vehicle prior to delivery of that vehicle. Provides instead that a motor vehicle which previously bore equipment, markings, or other indicia of police authority shall have no more than one spot lamp installed on the vehicle upon delivery. Provides that all spot lamps in excess of one shall be removed prior to delivery of the vehicle. Senate Floor Amendment No. 2 Deletes reference to: 625 ILCS 5/12-207 625 ILCS 5/12-609 Adds reference to: 625 ILCS 5/11-208.3 from Ch. 95 1/2, par. 11-208.3 625 ILCS 5/11-208.6 625 ILCS 5/11-208.7 625 ILCS 5/11-208.8 625 ILCS 5/11-208.9 625 ILCS 5/11-1201.1 740 ILCS 45/7.1 from Ch. 70, par. 77.1 740 ILCS 45/10.1 from Ch. 70, par. 80.1 Replaces everything after the enacting clause. Amends the Illinois Vehicle Code. In provisions concerning the administrative adjudication of violations of traffic regulations, automated traffic law violations, and automated speed enforcement system violations, provides that a person shall not be liable for violations, fees, fines, or penalties during the period in which the motor vehicle was reported to the appropriate law enforcement agency as stolen or hijacked. In provisions concerning automated traffic law violations, automated speed enforcement systems, and automated railroad crossing enforcement systems, provides that a hearing officer may consider, as a defense to a violation, that the motor vehicle was hijacked before the violation occurred and not under the control of or in the possession of the owner or lessee at the time of the violation. In provisions concerning administrative fees and procedures for impounding vehicles for specified violations, provides that no administrative fees shall be imposed on the registered owner or the agents of that owner if the motor vehicle was stolen or hijacked at the time the vehicle was impounded. Provides that to demonstrate that the motor vehicle was hijacked or stolen at the time the vehicle was impounded, the owner or the agents of the owner or lessee must submit proof that a report concerning the motor vehicle was filed with a law enforcement agency in a timely manner. Provides that a hearing officer shall consider as a defense to the vehicle impoundment that the motor vehicle was stolen or hijacked at the time the vehicle was impounded. Provides that if an administrative hearing officer finds that a county or municipality impounded a motor vehicle that was stolen or hijacked at the time the vehicle was impounded, the county or municipality shall refund any administrative fees already paid by the registered owner or lessee of the vehicle. Makes corresponding changes. Amends the Crime Victims Compensation Act. Limits the amount of towing and storage fees that may be reimbursed to a maximum of $1,000. Provides that an application for compensation shall set out the amount of benefits, payments, or awards, if any, payable under vehicle or towing insurance. Provides that, in order to be reimbursed, the applicant must show that he or she has exhausted the benefits reasonably available under full vehicle coverage insurance (including towing insurance, if available).

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 Lead Poisoning Prevention Act. Provides that the Department of Public Health or its delegate agency shall (rather than may) conduct a follow-up inspection of any dwelling unit for which a mitigation notice was issued.

Amends the Illinois Insurance Code. In provisions requiring coverage for newborn infants, provides that coverage for congenital defects shall include treatment of cranial facial anomalies. Provides that an individual or group policy of accident and health insurance amended, delivered, issued, or renewed after the effective date of the amendatory Act shall cover charges incurred and services provided for outpatient and inpatient care in conjunction with services that are provided to a covered individual related to the diagnosis and treatment of a congenital anomaly or birth defect. Provides that the required coverage includes any services to functionally improve, repair, or restore a body part involving the cranial facial area that is medically necessary to achieve normal function or appearance. Provides that any coverage provided may be subject to coverage limits, such as pre-authorization or pre-certification, as required by the plan or issuer that are no more restrictive than the predominant treatment limitations applied to substantially all medical and surgical benefits covered by the plan. Provides that coverage for a congenital anomaly or birth defect shall include expenses for specified services and items up to the age of 19. Provides that coverage shall not be denied solely on the grounds that the treatment is for cosmetic purposes or is not for a functional defect or impairment. Provides that the coverage does not apply to a policy that covers only dental care. Defines "treatment". Makes conforming changes in the State Employees Group Insurance Act of 1971. Effective January 1, 2024. House Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Illinois Insurance Code. In provisions requiring coverage for newborn infants, provides that coverage for congenital defects shall include the treatment of cleft lip and cleft palate. Provides that an individual or group policy of accident and health insurance amended, delivered, issued, or renewed on or after the effective date of the amendatory Act shall provide coverage for the medically necessary care and treatment of cleft lip and palate for children under the age of 19. Provides that coverage for cleft lip and palate care and treatment may impose the same deductible, coinsurance, or other cost-sharing limitation that is imposed on other related surgical benefits under the policy. Provides that the coverage does not apply to a policy that covers only dental care. Defines "medically necessary care and treatment". Makes conforming changes in the State Employees Group Insurance Act of 1971. Effective January 1, 2024.

Creates the Task Force on Internationally-Licensed Health Care Professionals Act. Creates the Task Force on Internationally-Licensed Health Care Professionals within the Department of Financial and Professional Regulation. Provides that the Task Force shall have the following members: 2 members appointed by the President of the Senate; 2 members appointed by the Speaker of the House of Representatives; 2 members appointed by the Governor; the Secretary of Financial and Professional Regulation; the Director of the Division of Professional Regulation; and 2 members appointed from the nonprofit organization Upwardly Global. Provides that the Task Force shall meet at least once a month until the Task Force votes to dissolve itself. Provides that the Department shall provide administrative support. Provides that the subject matter of the Task Force is intended to address health care professionals but also other professionals as needed, to be focused on professionals already licensed and practicing in another country and seeking licensure in the State, and to not include students. Provides that the Task Force shall prepare an annual report to address barriers to licensure and practice for health care professionals in the State and address strategies for reducing the barriers. Provides that the report shall be submitted to the Governor and General Assembly, and the first report shall be submitted one year after the effective date of the Act. House Floor Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill and makes the following changes: Changes the members of the Task Force. Provides that the Task Force shall meet once every two months (instead of at least once a month). Provides that the Task Force shall only meet once a majority of members are appointed. Designates the Secretary of Financial and Professional Regulation as the chair of the Task Force. Requires the Task Force to submit the report one year after the first meeting of the Task Force (rather than after the effective date of the Act).