Sen. Laura Ellman

Amends the Illinois Credit Union Act. Provides that the regulatory fee schedule shall not be increased if the amount remaining in the Credit Union Fund at the end of any fiscal year is greater than 25% of that fiscal year's total initial appropriations, or the most recent fiscal year for which there is an initial appropriations, relating to the administration and enforcement of the provisions and other related laws, rules, and regulations (rather than the total actual and operational expenses incurred by the State in administering and enforcing the provisions and other laws, rules, and regulations as may apply to the administration and enforcement of laws, rules, and regulations for the preceding fiscal year). Provides that when the balance in the Credit Union Fund at the end of a fiscal year exceeds 25% of that fiscal year's total initial appropriations relating to the administration and enforcement of the provisions and other related laws, rules, and regulations (rather than the total administrative and operational expenses incurred by the State in administering and enforcing the provisions), the excess shall be credited to credit unions and applied against their regulatory fees for the subsequent fiscal year. Provides that the amount credited to each credit union shall be in the same proportion as the regulatory fee paid by that credit union for the fiscal year in which the excess is produced bears to the aggregate amount of all regulatory fees (rather than fees) collected by the Department of Financial and Professional Regulation under the provisions for the same fiscal year. Removes a regulatory fee cap of $141,875. Makes other changes.

Amends the Cannabis Control Act. Makes a technical change in a Section concerning the short title.

Amends the Environmental Protection Act. Authorizes the extension of mutually agreed deadlines for the submittal of enforcement-related items. Allows notices, responses, and other items to be submitted or served on a person complained against or the Environmental Protection Agency not only by certified mail but also by personal service or a third-party commercial carrier that requires the receipt of that document to be acknowledged with the recipient's signature. Provides that whenever a third-party commercial carrier requiring the recipient's signature is used, the date recorded by the third-party commercial carrier that the third-party commercial carrier received the item for delivery shall be deemed the date the item was submitted, and the date recorded by the third-party commercial carrier that the recipient signed for the item shall be deemed the date the item was received by the recipient. Requires records authenticated by a third-party commercial carrier to be considered competent evidence that an item was submitted or received if the item is sent by a third-party commercial carrier requiring the recipient's signature. Effective immediately.

Amends the Illinois Credit Union Act. Provides that the regulatory fee schedule shall not be increased if the amount remaining in the Credit Union Fund at the end of any fiscal year is greater than 25% of that fiscal year's total initial appropriations, or the most recent fiscal year for which there is an initial appropriations, relating to the administration and enforcement of the provisions and other related laws, rules, and regulations (rather than the total actual and operational expenses incurred by the State in administering and enforcing the provisions and other laws, rules, and regulations as may apply to the administration and enforcement of laws, rules, and regulations for the preceding fiscal year). Provides that when the balance in the Credit Union Fund at the end of a fiscal year exceeds 25% of that fiscal year's total initial appropriations relating to the administration and enforcement of the provisions and other related laws, rules, and regulations (rather than the total administrative and operational expenses incurred by the State in administering and enforcing the provisions), the excess shall be credited to credit unions and applied against their regulatory fees for the subsequent fiscal year. Provides that the amount credited to each credit union shall be in the same proportion as the regulatory fee paid by that credit union for the fiscal year in which the excess is produced bears to the aggregate amount of all regulatory fees (rather than fees) collected by the Department of Financial and Professional Regulation under the provisions for the same fiscal year. Removes a regulatory fee cap of $141,875. Makes other changes.

Creates the Healthy Forests, Wetlands, and Prairies Act. Provides that the Department of Natural Resources shall prepare and maintain a comprehensive Healthy Forests, Wetlands, and Prairies Grant plan for the preservation and enhancement of forests, prairies, and wetlands in Illinois. Provides that the Department of Natural Resources, pursuant to the comprehensive plan and subject to appropriation, shall establish and administer a Healthy Forests, Wetlands, and Prairies Grant Program to restore degraded forest lands and native prairies, and to promote the growth of native vegetation that remove carbon dioxide from the atmosphere and help to mitigate the impact of climate change. Provides that units of local government are eligible to submit a grant proposal in a format and at a time prescribed by the Department of Natural Resources. Provides that grants may be used by units of local government to fund: (1) local projects restoring or expanding forests, wetlands, prairies, or other natural landscapes demonstrated to absorb carbon dioxide from the atmosphere; (2) education and marketing regarding local projects or steps community members may take to promote the growth of native vegetation that removes carbon dioxide from the atmosphere; and (3) any other purpose approved by the Department of Natural Resources that advances the State goal that there be no overall net loss of the State's existing forest, prairie, or wetland acres or their functional value due to State-supported activities. Amends the Department of Natural Resources Act and the State Finance Act to make conforming changes.

Amends the State Board of Education Article of the School Code. Creates the Air Quality in Schools Task Force. Provides that the purpose of the task force is to study and make recommendations to the General Assembly on air quality goals for elementary, middle and high schools, processes to assess current ventilation systems in schools, processes to improve ventilation after assessment, and potential State and federal funding sources to improve school school air quality in the State. Sets forth members of the task force. Provides that the State Board shall provide administrative assistance and necessary staff support services. Provides that the task force shall issue a report on air quality goals for elementary, middle and high schools, processes to assess current ventilation systems in schools, processes to improve ventilation after assessment, and potential State and federal funding sources to improve school air quality in the State.

Amends the Nursing Home Care Act. Provides that the Directory published each year by the Department of Public Health for each public health region listing facilities shall contain the facility website address, if any.

Amends the Juvenile Court Act of 1987. Establishes procedures for determining whether a child is fit to stand trial. Provides that the procedures apply to a child under the age of 21, regardless of whether the person is subject to the Act or prosecuted under the criminal laws of the State. Provides that unfitness may result from the presence of any condition or confluence of conditions, including, but not limited to, mental illness, substance use disorder, developmental disability, chronological immaturity, relative immaturity, or child traumatic stress. Provides that a diagnosis is not required for a finding of unfitness. Provides that a child is unfit when the child either: (1) lacks sufficient present ability to consult with the child's attorney with a reasonable degree of rational understanding, as evidenced by lacking the ability to disclose to the attorney facts pertinent to the proceedings at issue and to assist in the child's defense; or (2) lacks a rational or a factual understanding of the proceedings against the child, as evidenced by certain specified factors. Provides that the issue of the child's fitness to stand trial, to plead, or to be sentenced may be raised by the child's attorney, the State, or the court at any time before a plea is entered or before, during, or after trial. Provides that in making determinations on the issue of a child's fitness, the following burdens of proof and presumptions shall apply: (1) when the court finds a bona fide doubt as to the fitness of a child, the State bears the burden of proving that the child is fit by clear and convincing evidence; and (2) a child who is receiving medication shall not be presumed to be fit or unfit to stand trial solely by virtue of the receipt of that medication. Provides that the Illinois Juvenile Justice Commission shall develop and recommend mechanisms to collect and analyze data, disaggregated by race, ethnicity, gender, geography, age, and socioeconomic status, resulting from the implementation of these provisions. Provides that the report and recommendations shall be submitted to the General Assembly on or before January 1, 2024. Contains a severability provision. Effective July 1, 2023.

Amends the Illinois Library System Act. Provides that it is the policy of the State to encourage the improvement of free public libraries and to encourage cooperation among all types of libraries in promoting the sharing of library resources, including digital resources, and to encourage and protect the freedom of public libraries and library systems to acquire materials without external limitation and to be protected against attempts to ban, remove, or otherwise restrict access to books or other materials. Provides that the State Librarian shall prescribe rules concerning the development of a written policy declaring the inherent authority of the public library or library system to prohibit the practice of banning specific books or resources. Provides that, in order to be eligible for State grants, a public library or library system shall develop a written policy prohibiting the practice of banning books within the public library or library system. Makes other changes.

Amends the Treasurers Article of the School Code. Removes provisions allowing the school treasurer to execute a bond with 2 or more persons having an interest in real estate who are not trustees before beginning the treasurer's duties. Provides that, for those school districts that have a designation of recognition or review according to the State Board of Education's School District Financial Profile System, the penalty of the bond shall be determined by the school board in an amount no less than 10% of the amount of all bonds, notes, mortgages, moneys and effects the treasurer will have custody over as measured by specified provisions (rather than an initial penalty of 25% with the penalty increasing and decreasing based on specified factors, but not higher than 25%). Provides that, for those districts that have no designation of recognition or review, then the penalty shall be 25%. Amends the Debt Limitation Article of the School Code to make conforming changes. Effective immediately.