Sen. Adriane Johnson

Creates the Positive Action Act. Provides that each State agency and employer shall take positive action when it reasonably believes such action is necessary to rectify discrimination or a disadvantage towards persons having a protected characteristic. Allows for favorable consideration in the process of recruitment or promotion for persons having a protected characteristic. Provides that each State agency and employer shall have a duty of equality in relation to employment and its employees. Specifies further requirements concerning the duty of equality. Requires each State agency to perform an internal examination for the existence of eugenics-inspired policies, and issue an annual report to the Governor and the General Assembly. Requires each State agency to take positive action and implement strategies and programs to eliminate and prevent any disparities created by discriminatory administrative rules, policies, and procedures. Provides for the adoption of rules. Provides that nothing in the Act shall be construed to contravene any federal law or requirement regarding affirmative action or its application to State law. Makes conforming changes for the purpose of changing references from "affirmative action" to "positive action". Defines terms. Senate Committee Amendment No. 1 Deletes reference to: New Act 10 ILCS 5/7-14.1 15 ILCS 310/18 15 ILCS 410/18 20 ILCS 30/20 20 ILCS 105/4.01 20 ILCS 405/405-125 was 20 ILCS 405/67.31 20 ILCS 415/8b.3 20 ILCS 620/3 20 ILCS 665/13a 20 ILCS 2310/2310-213 20 ILCS 3990/9 25 ILCS 130/1-2 25 ILCS 130/1-4 30 ILCS 535/80 50 ILCS 615/10 50 ILCS 742/10 55 ILCS 85/3 65 ILCS 5/11-74.4-3 65 ILCS 5/11-74.6-10 65 ILCS 110/10 70 ILCS 210/23.1 70 ILCS 210/26 70 ILCS 810/14 70 ILCS 1505/16a 70 ILCS 2605/11.3 70 ILCS 3205/9 70 ILCS 3210/40 70 ILCS 3615/2.02 70 ILCS 3615/2.14 70 ILCS 3615/3A.05 70 ILCS 3615/3B.05 105 ILCS 5/10-23.5 105 ILCS 5/24-12 110 ILCS 205/9.21 230 ILCS 5/12.1 230 ILCS 5/20 230 ILCS 10/5.1 230 ILCS 10/7 230 ILCS 10/7.11 620 ILCS 65/27 775 ILCS 5/1-101.1 775 ILCS 5/1-102 775 ILCS 5/1-103 775 ILCS 5/2-105 775 ILCS 5/2-106 775 ILCS 5/7-101 775 ILCS 5/7-105 775 ILCS 5/7-105a 775 ILCS 5/10-102 815 ILCS 710/4 Adds reference to: 20 ILCS 405/405-101 new 20 ILCS 405/405-123 new 20 ILCS 405/405-124 new 20 ILCS 415/8b.4 from Ch. 127, par. 63b108b.4 Replaces everything after the enacting clause. Amends the Department of Central Management Services Law of the Civil Administrative Code of Illinois. Provides requirements concerning Positive Action towards addressing systemic racism and barriers to increase workforce diversity in State employment. Requires each State agency to establish the goal of increasing diversity on interview panels in order to increase State employment opportunities provided to women, minority persons, and specified other persons. Provides further requirements concerning State agency interview panel diversity. Requires the Department of Central Management Services to increase State employment career counseling opportunities for individuals who are in arrears on their child support payments. Requires the Department to dedicate staff to consult with individuals and organizations informed on the subject of non-payment of child support to develop plans for the most effective career counseling opportunities for these individuals. Amends the Personnel Code. Provides that candidates who are alleged to have attempted deception or fraud in connection with an examination shall be afforded the opportunity to appeal and provide information to support their appeal which shall be considered when determining their eligibility as a candidate for employment. Makes further changes concerning the jurisdiction of the Department of Central Management Services with respect to selection and tenure on the basis of merit and fitness. Effective January 1, 2022.

Amends the Emergency Medical Services (EMS) Systems Act. Provides that when a patient has been determined by EMS personnel to (1) have no immediate life-threatening injuries or illness, (2) not be under the influence of drugs or alcohol, (3) have no immediate or obvious need for transport to an emergency department, and (4) have an immediate need for transport to an EMS System-approved mental health facility, the EMS personnel may contact Online Medical Control or his or her EMS Medical Director or Emergency Communication Registered Nurse to request bypass or diversion of the closest emergency department and request transport to the closest or appropriate EMS System-approved mental health facility. Senate Floor Amendment No. 2 Replaces everything after the enacting clause with the provisions of the introduced bill with the following change. Provides that EMS personnel may transport a patient to an EMS System-approved urgent care or immediate care facility that meets the proper criteria and is approved by Online Medical Control or his or her EMS Medical Director or Emergency Communications Registered Nurse. House Floor Amendment No. 5 Adds reference to: 210 ILCS 50/3.10 210 ILCS 50/3.50 210 ILCS 50/3.85 Replaces everything after the enacting clause with the provisions of the engrossed bill with the following changes: Further amends the Emergency Medical Services (EMS) Systems Act. Provides that "non-emergency medical services" means the provision of, and all actions necessary before and after the provision of, Basic Life Support (BLS) Services, Advanced Life Support (ALS) Services, and critical care transport (rather than means medical care, clinical observation, or medical monitoring rendered) to specified patients using a vehicle regulated by the Act and personnel licensed under the Act (rather than only using a vehicle regulated under the Act). Removes language providing that an Emergency Medical Responder provides emergency medical response services prior to the arrival of an ambulance or specialized medical services vehicle. Requires the Department of Public Health to create standards and requirements with respect to alternative vehicle staffing models for private, nonpublic local government employers (rather than vehicle staffing models) that include an Emergency Medical Responder who drives an ambulance with a licensed EMT, EMT-I, A-EMT, Paramedic, or PHRN, as appropriate, in the patient compartment providing care to the patient pursuant to the approval of the EMS System Program Plan developed and approved by the EMS Medical Director for an EMS System. Provides that the Department shall monitor the implementation and performance of alternative staffing models and may issue a notice of termination of an alternative staffing model only upon evidence that an EMS System Program Plan is not being adhered to. Provides that an EMS System Program Plan for a Basic Life Support transport utilizing an EMR and an EMT shall include specified requirements. Makes other changes. Effective immediately.

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 School Code. Permits student instruction to be received electronically under a school district's program for e-learning days while students are not physically present because a school was selected to be a polling place under the Election Code. Senate Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the contents of the bill, but adds that a school district shall pay to its contractors who provide educational support services to the district their daily, regular rate of pay or billings rendered for any e-learning day that is used because a school was selected to be a polling place. Provides that this requirement does not apply to contractors who are paid under contracts that are entered into, amended, or renewed on or after March 15, 2022 or to contracts that otherwise address compensation for such e-learning days.

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.

Creates the Protecting Household Privacy Act. Provides that a law enforcement agency shall not obtain household electronic data or direct the acquisition of household electronic data from a private third party, unless (i) the law enforcement agency obtains a court order based upon probable cause, or (ii) the owner of the household electronic device consents to voluntarily provide the desired household electronic data. Provides that if a law enforcement agency obtains household electronic data, the agency within 30 days shall destroy all information obtained, except that a supervisor at that agency may retain particular information if (1) there is reasonable suspicion that the information contains evidence of criminal activity, or (2) the information is relevant to an ongoing investigation or pending criminal trial. House Floor Amendment No. 1 Replaces everything after the enacting clause. Creates Protecting Household Privacy Act. Reinserts the provisions of the introduced bill with these exceptions. Changes the exceptions in which law enforcement agency may obtain household electronic data. Provides that a law enforcement agency may obtain the data (1) if a law enforcement agency first obtains a warrant under the Code of Criminal Procedure of 1963; (2) a specified emergency situation exists; or (3) with the lawful consent of the owner of the household electronic device or person in actual or constructive possession of the household electronic device, excluding law enforcement personnel. Provides that nothing in the Act shall be construed to apply to the interception, recording, wiretap, or other acquisition of electronic communications as they are transmitted in real time. Provides that in the event of any conflict between the Act and any applicable federal or State law, the requirement that establishes the higher standard for law enforcement to obtain information shall govern. Senate Floor Amendment No. 1 Defines "digital gateway device". Provides that nothing in the Act prohibits the use of a lawful grand jury subpoena to obtain information which was obtainable by grand jury subpoena prior to the effective date of the Act. Provides that nothing in the Act expands existing civil or criminal liability of an individual or entity arising under any applicable federal or State law.

Amends the Unified Code of Corrections. Provides that 45 days prior to the scheduled discharge of a person committed to the custody of the Department of Corrections, the Department shall give the person: (1) information about obtaining a standard Illinois Identification Card or a limited-term Illinois Identification Card; (2) information about voter registration and may distribute information prepared by the State Board of Elections and may enter into an interagency contract with the State Board of Elections to participate in the automatic voter registration program and be a designated automatic voter registration agency under the Election Code; (3) information about job listings upon discharge from the correctional institution or facility; (4) information about available housing upon discharge from the correctional institution or facility; (5) a directory of elected State officials and of officials elected in the county and municipality, if any, in which the committed person intends to reside upon discharge from the correctional institution or facility; and (6) any other information that the Department of Corrections deems necessary to provide the committed person in order for the committed person to reenter the community and avoid recidivism (currently, the committed person is provided information, if uninsured, about applying for health care coverage including medical assistance under the Illinois Public Aid Code).

Amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Provides that all State agencies shall recognize and accept the certifications of businesses that have been certified as minority-owned businesses or women-owned businesses for purposes of participating in the Business Enterprise Program, when such certification was provided by any entity having certification requirements more restrictive than that required by the Business Enterprise Program, including, but not limited to, an income level requirement. Senate Committee Amendment No. 1 Deletes reference to: 30 ILCS 575/8k new Adds reference to: 30 ILCS 575/8l new Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with changes. Provides that the Business Enterprise Program (rather than State agencies) shall recognize and accept the certifications of businesses that have been certified as minority-owned businesses or women-owned businesses by the City of Chicago, Cook County, or other entities approved by the Business Enterprise Council for purposes of participating in the Business Enterprise Program, provided that the City of Chicago, Cook County, or other entities approved by the Business Enterprise Council have certification requirements more restrictive than that required by the Business Enterprise Program, including, but not limited to, an income level requirement. Makes other changes.

Amends the Home Equity Assurance Act. Makes a technical change in a Section concerning the short title. House Committee Amendment No. 1 Deletes reference to: 65 ILCS 95/1 Adds reference to: 65 ILCS 95/11 from Ch. 24, par. 1611 Replaces everything after the enacting clause. Amends the Home Equity Assurance Act. Provides that a governing commission, with no less than $4,000,000 in its guarantee fund, may, if authorized (i) by referendum approved by a majority of the voters or (ii) by resolution of the governing commission upon approval by two-thirds of the commissioners, establish a Delinquent Tax Repayment Loan Fund to provide low-interest emergency loans to eligible applicants. Includes procedures to initiate and approve a referendum for the Delinquent Tax Repayment Loan Fund. Provides for conditions for the establishment and administration of the guaranteed home equity program with funds collected under the program. House Floor Amendment No. 2 Provides that the subsection applies to the Northwest Home Equity Assurance Program (rather than to a governing commission with no less than $4,000,000 in its guarantee fund).

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.