Sen. Don Harmon

Amends the Suicide Prevention, Education, and Treatment Act. Makes changes concerning the findings of the General Assembly. Creates the Office of Suicide Prevention within the Department of Public Health for the purpose of implementing the Act. Requires the Office of Suicide Prevention, in consultation with the Illinois Suicide Prevention Alliance, to submit an annual report to the Governor and General Assembly on the effectiveness of the activities and programs undertaken under the Illinois Suicide Prevention Strategic Plan that includes any recommendations for modification to Illinois law to enhance the effectiveness of the Plan (instead of an annual report by the Illinois Suicide Prevention Alliance). Changes what shall be contained in the Plan. Provides that the Office of Suicide Prevention (in addition to the Department) shall provide technical assistance to the Illinois Suicide Prevention Alliance and implement a general awareness and screening program. Provides that the program shall include an annual statewide suicide prevention conference. Removes provisions requiring the Department to establish 5 suicide prevention pilot programs relating to youth, elderly, special populations, high-risk populations, and professional caregivers. Provides that the Office of Suicide Prevention shall establish programs that are consistent with the Plan. Effective July 1, 2019. Senate Committee Amendment No. 1 Adds reference to: 20 ILCS 2310/2310-455 new Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Creates the Office of Suicide Prevention within the Department of Public Health. Provides that the duties of the Office of Suicide Prevention shall include, but shall not be limited to: (1) coordinating suicide prevention, intervention, and postvention programs, services, and efforts statewide; (2) developing and submitting proposals for funding from federal agencies or other sources of funding to promote suicide prevention and coordinate activities; (3) with input from the Illinois Suicide Prevention Alliance, preparing the Illinois Suicide Prevention Strategic Plan and coordinating the activities necessary to implement the recommendations in that Plan; (4) with input from the Illinois Suicide Prevention Alliance, providing an annual report to the Governor and General Assembly; and (5) providing technical support for the activities of the Illinois Suicide Prevention Alliance. Corrects a typographical error. Senate Floor Amendment No. 2 Deletes reference to: 410 ILCS 53/10 410 ILCS 53/11 new Replaces everything after the enacting clause with the provisions of the introduced bill as amended by Senate Amendment No. 1 with the following changes: Provides that the Department of Public Health shall (rather than may) implement specified activities associated with the Suicide Prevention, Education, and Treatment Act. Removes language creating the Office of Suicide Prevention and instead, where applicable, replaces references to the Office with references to the Department. Makes a technical change to the legislative findings. Provides that the bill is effective immediately (rather than on July 1, 2019).

Amends the Animal Welfare Act. Provides that an animal shelter, animal control facility, or rescue group or transfer group shall not adopt out any dog or adopt out or return or release any cat unless it has been sterilized and microchipped. Increases administrative fines imposed by the Department of Agriculture for a violation of the Act. Increases fees for licenses issued under the Act. Provides that all fees, fines, and other money received by the Department under the Act shall be paid into the Department of Agriculture Animal Welfare Fund (rather than the General Revenue Fund) in the State Treasury for use in administering the Act. Amends the Animal Control Act. Provides that rabies impoundment, definitions, and the provisions of the Act are exclusive powers and functions of the State. Provides that the following administrative fines shall be imposed by the Department upon any entity that violates the Act or any rule adopted by the Department under this Act: (1) for the first violation, a fine of $3,000; (2) for a second violation that occurs within 2 years after the first violation, a fine of $5,000; and (3) for a third violation that occurs within 3 years of the first violation a fine of $10,000. Provides that all fees, fines, and other moneys received by the Department under the Act shall be paid into the Department of Agriculture Animal Welfare Fund in the State Treasury for use in administering the Act. Makes conforming changes to the State Finance Act. Makes other changes. Senate Committee Amendment No. 1 Deletes reference to: 30 ILCS 105/5.891 new 225 ILCS 605/22 510 ILCS 5/2.19-2 new 510 ILCS 5/28 new Adds reference to: 510 ILCS 5/2.16 from Ch. 8, par. 352.16 510 ILCS 5/2.19a-5 new Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. Provides that if a person or entity fails or refuses to pay an administrative fine imposed by the Department of Agriculture for a violation of the Animal Welfare Act, the Department may prohibit that person or entity from renewing a license under the Act until the fine is paid in full. Provides that any penalty of $500 or more not paid within 120 days of issuance by the Department shall be submitted to the Department of Revenue for collection as provided under the Illinois State Collection Act of 1986. Changes references in the introduced bill from rescue group or transfer group to "transport group". Modifies the definitions of "owner", "release", and "return". Deletes references to the Department of Agriculture Animal Welfare Fund and certain administrative fines. Deletes language providing that rabies impoundment, definitions, and the provisions of the Act are exclusive powers and functions of the State. Makes other changes. Effective immediately. Senate Committee Amendment No. 2 Deletes reference to: 510 ILCS 5/2.19-1 new 510 ILCS 5/2-19a-5 new Adds reference to: 225 ILCS 605/7 from Ch. 8, par. 307 Replaces everything after the enacting clause with the provisions of Senate Amendment No. 1, and makes the following changes: Changes the definition of "foster home". Deletes the definitions of "release" and "transport group". Provides that the written agreement shall include a clause allowing for the Department of Agriculture to inspect a foster home. Provides that refusal of a Department inspection of a foster home may result in revocation of the foster home's license. Provides that the report of intake and outcome statistics included in an application for license renewal shall include the amount of cats returned in field (rather than animals released in field; trapped, neutered, released). Provides that administrative fines may (rather than shall) be imposed by the Department. Effective immediately. Senate Floor Amendment No. 4 Deletes language that provides that an animal shelter or animal control facility may adopt out a dog or cat that has not been sterilized and microchipped if the cat or dog is less than 5 months of age and the licensee takes the animal to a licensed veterinarian for sterilization and the adopting owner picks up the animal from the veterinarian after the sterilizing procedures have been performed on the animal. Deletes language that provides that the adopting owner is responsible for all veterinary and boarding fees. Provides that an animal control facility or animal shelter shall not adopt or release any dog or cat to anyone other than the owner or a foster home unless the animal has been rendered incapable of reproduction and microchipped. Makes technical changes.

Creates the Limited Cooperative Association Act. Authorizes the organization of a limited cooperative association, as an entity distinct from its members, for any lawful purpose, whether or not for profit. Provides that a limited cooperative association may be a collective worker cooperative in which there is only one class of members consisting of worker-members who manage all of the affairs of the limited cooperative association or a worker cooperative or employment cooperative that includes a class of worker-members who are natural persons whose patronage consists of labor contributed to or other work performed for the limited cooperative association. Contains provisions regarding: findings; formation; articles of organization; organization; bylaws; members; community investors; voting; a board of directors; an assembly; dissolution; conversion; and applicability of securities laws. Amends the Co-operative Act and the Illinois Securities Law of 1953 to make conforming changes. Effective immediately. House Committee Amendment No. 1 Changes the short title of the new Act to the Limited Worker Cooperative Association Act. Authorizes the establishment of limited worker cooperative associations rather than limited cooperative associations. Eliminates patron members as a form of membership. Provides for multi-stakeholder cooperatives. Changes the effective date to January 1, 2020.

Amends the Illinois Banking Act and the Illinois Credit Union Act. Provides that the Secretary of Financial and Professional Regulation shall not: issue an order against a financial institution for unsafe or unsound banking practices solely because the entity provides financial services to a cannabis-related legitimate business; prohibit, penalize, or otherwise discourage a financial institution from providing financial services to a cannabis-related legitimate business solely because the entity provides financial services to a cannabis-related legitimate business; recommend, incentivize, or encourage a financial institution not to offer financial services to an account holder or to downgrade or cancel the financial services offered to an account holder solely because the account holder is a manufacturer or producer or is the owner, operator, or employee of a cannabis-related legitimate business, the account holder later becomes an owner or operator of a cannabis-related legitimate business, or the financial institution was not aware that the account holder is the owner or operator of a cannabis-related legitimate business; and take any adverse or corrective supervisory action on a loan made to an owner or operator of a cannabis-related legitimate business solely because the owner or operator owns or operates a cannabis-related legitimate business or an owner or operator of real estate or equipment that is leased to a cannabis-related legitimate business solely because the owner or operator of the real estate or equipment leased the equipment or real estate to a cannabis-related legitimate business. Authorizes the Secretary to furnish confidential supervisory information relating to a financial institution providing financial services to cannabis-related businesses, limited to the name, contact information, and such other information as the Secretary determines is prudent, to the Illinois State Treasurer. Effective immediately. Senate Committee Amendment No. 1 Deletes reference to: 205 ILCS 5/48.3 205 ILCS 305/9.1 Deletes provisions authorizing the Secretary of Financial and Professional Regulation to furnish to the State Treasurer confidential supervisory information concerning financial institutions that provide financial services to cannabis-related businesses. House Floor Amendment No. 1 Deletes reference to: 205 ILCS 5/48 205 ILCS 305/8 Adds reference to: 30 ILCS 500/1-10 35 ILCS 5/201 from Ch. 120, par. 2-201 35 ILCS 105/3-10 35 ILCS 110/3-10 from Ch. 120, par. 439.33-10 35 ILCS 115/3-10 from Ch. 120, par. 439.103-10 35 ILCS 120/2-10 105 ILCS 5/22-33 225 ILCS 60/22 from Ch. 111, par. 4400-22 225 ILCS 65/70-5 was 225 ILCS 65/10-45 225 ILCS 95/21 from Ch. 111, par. 4621 410 ILCS 130/1 410 ILCS 130/7 410 ILCS 130/10 410 ILCS 130/25 410 ILCS 130/30 410 ILCS 130/35 410 ILCS 130/36 410 ILCS 130/40 410 ILCS 130/45 410 ILCS 130/55 410 ILCS 130/57 410 ILCS 130/60 410 ILCS 130/62 410 ILCS 130/75 410 ILCS 130/105 410 ILCS 130/115 410 ILCS 130/130 410 ILCS 130/145 410 ILCS 130/160 410 ILCS 130/173 new 410 ILCS 130/195 410 ILCS 130/200 410 ILCS 130/135 rep. 410 ILCS 130/220 rep. 625 ILCS 5/2-118.2 625 ILCS 5/6-206.1 from Ch. 95 1/2, par. 6-206.1 625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501 625 ILCS 5/11-501.9 720 ILCS 550/5.3 Replaces everything after the enacting clause. Amends the Nurse Practice Act and the Physician Assistant Practice Act of 1987. Provides that violating the Compassionate Use of Medical Cannabis Program Act is grounds for disciplinary action under the Acts. Amends the Compassionate Use of Medical Cannabis Pilot Program Act. Removes the word "Pilot" from the Act's short title and the Compassionate Use of Medical Cannabis Pilot Program. Makes conforming changes throughout the Act and statutes. Replaces the defined term "bona fide physician-patient relationship" with "bona fide health care professional-relationship" and makes conforming changes throughout the Act. Provides that specified maladies are debilitating medical conditions. Refers to certifying health care professionals (rather than physicians) throughout the Act. Provides that a certifying health care professional may not engage in fee splitting as prohibited under the Medical Practice Act of 1987. Provides that nothing in the Act shall preclude a certifying health care professional from referring a patient for health services, including certification, under the Act. Provides that a qualifying patient under the age of 18 shall not be prohibited from having up to 3 (instead of 2) designated caregivers. Provides that the Department of Public Health shall establish procedures to permit qualified veterans to participate in the Opioid Alternative Pilot Program. Provides that any Department-approved quantity waiver process must be made available to qualified veterans. Requires the Department to provide for immediate changes to a registered qualifying patient's designated registered dispensing organization. Provides that the Department of Financial and Professional Regulation shall adopt rules permitting returns, and potential refunds, for damaged or inadequate products. Allows the Department of Financial and Professional Regulation to issue nondisciplinary citations for minor violations which may be accompanied by a civil penalty not to exceed $10,000 per violation and shall contain specified information. Provides that if the licensee does not dispute the matter in the citation with the Department of Financial and Professional Regulation within 30 days after the citation is served, then the citation shall become final and shall not be subject to appeal. Repeals a provision concerning changing a designated dispensing organization. Repeals a provision repealing the Act on July 1, 2020. Makes other changes. Effective immediately. House Floor Amendment No. 2 Adds reference to: 55 ILCS 5/5-1006.8 Provides that if and only if House Bill 1438 becomes law, then the Counties Code is amended. Provides that County Cannabis Retailers' Occupation Tax may not exceed: (i) 3.75% of the gross receipts of sales made in unincorporated areas of the county; and (ii) 3% of the gross receipts of sales made in a municipality located in the county (removing provisions limiting to 0.75% of the gross receipts of sales made in a municipality located in a non-home rule county and 3% of gross sales receipts made in a municipality located in a home rule county). Effective immediately or on the date House Bill 1438 takes effect, whichever is later.

Amends the Consent by Minors to Health Care Services Act. Provides that a minor of 12 years or older who may have come into contact with any sexually transmitted disease or may be determined to be an intoxicated person or a person with a substance use disorder, or who may have a family member who abuses drugs or alcohol, may give consent to the furnishing of health care services or counseling related to the prevention, diagnosis, or treatment, rather than just the diagnosis or treatment, of the disease.

Creates the Home Birth Maternity Care Crisis Study Committee to provide the General Assembly a consumer-focused, evidence-based solution to the Illinois Home Birth Maternity Care Crisis. House Floor Amendment No. 1 Changes the date that the final report is due.

Amends the Acupuncture Practice Act. Provides that no person licensed under the Act may hold himself or herself out as being trained in Chinese herbology without proof of having a specified status or successful completion of a specified examination, with a violation constituting a ground for disciplinary action. Makes conforming changes.

Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act. Creates an exemption for qualified tangible personal property used in the construction or operation of a data center that has been granted a certificate of exemption by the Department of Revenue. Amends the Department of Revenue Law of the Civil Administrative Code of Illinois to add provisions concerning those certificates of exemption. Effective immediately. Senate Floor Amendment No. 1 Deletes reference to: 20 ILCS 2505/2505-810 new Adds reference to: 20 ILCS 605/605-1025 new 35 ILCS 5/229 new Makes changes to the introduced bill to provide that the Department of Commerce and Economic Opportunity shall certify qualified data centers (in the introduced bill, the Department of Revenue). Provides that contractors or subcontractors of qualified data centers shall comply with certain responsible bidder requirements of the Illinois Procurement Code. Provides that those contractors shall enter into project labor agreements. Adds provisions to the introduced bill amending the Illinois Income Tax Act. Creates an income tax credit in the amount of 20% of the wages paid during the taxable year to a full-time or part-time employee of a construction contractor employed by a certified data center if those wages are paid for the construction of a new data center in a geographic area that meets certain criteria related to poverty or unemployment. House Committee Amendment No. 1 Deletes reference to: 20 ILCS 605/605-1025 new 35 ILCS 105/3-5 35 ILCS 110/3-5 35 ILCS 115/3-5 35 ILCS 120/2-5 35 ILCS 640/2-4 Adds reference to: 35 ILCS 5/201 from Ch. 120, par. 2-201 Replaces everything after the enacting clause. Amends the Illinois Income Tax Act. Provides that the research and development credit applies for taxable years ending prior to January 1, 2027 (currently, January 1, 2022). Creates an income tax credit for qualified education expenses incurred by an employer on behalf of a qualifying apprentice, subject to certain limitations. Effective immediately.

Creates the Coal Ash Cleanup and Storage Act. Provides a short title only. Senate Committee Amendment No. 1 Adds reference to: 415 ILCS 5/3.135 was 415 ILCS 5/3.94 Replaces everything after the enacting clause. Creates the Coal Ash Pollution Prevention Act. Tasks the Environmental Protection Agency with enforcing the Act's provisions. Provides that specified coal combustion residual (CCR) units shall close. Provides that an owner or operator of a CCR unit required to close by removal shall, within 6 months of the Act's effective date, halt the placement of CCR in those CCR units and begin removal of the CCR in those CCR units. Provides that those owners or operators shall complete the removal of CCR from the CCR unit no later than 15 years after initiating the closure process at that CCR unit. Requires the submission by an owner or operator of a CCR unit of specified documentation to the Agency within 60 days of the Act's effective date. Provides that an operator of any CCR unit required to close by removal shall submit a closure plan to the Agency within 90 days after the Act's effective date. Specifies what shall be included in the closure plan. Provides requirements for Agency approval of a closure plan. Provides that an entity conducting closure activities shall utilize local labor and ensure that the work is performed by responsible contractors and subcontractors that pay workers the prevailing wage and fair benefits. Provides requirements for the transport of CCR, including manifests with specified information regarding the CCR being transported and a transport plan with specified requirements. Provides that no CCR that is removed from a CCR unit may be transported without a CCR transport permit approved by the Agency. Provides that no CCR removed from a CCR unit may be disposed of in a landfill off of the property on which the CCR unit is located without approval from the Agency. Provides that no CCR removed from any CCR unit may be beneficially used in Illinois unless the Agency has issued a beneficial use permit for that CCR. Provides that on or before October 1, 2022, and on October 1 of each even-numbered year thereafter until closure of all of a facility's CCR units is complete, the operator of a CCR unit shall compile a closure progress report. Provides that an owner or operator of a CCR unit from which CCR is required to be removed shall, within one year of the effective date of the Act, conduct a comprehensive evaluation of the extent of CCR pollution of groundwater, surface water, and soils at any property surrounding the property on which a CCR unit is located. Provides public notice, comment, and hearing requirements for applications, permits, plans, and reports submitted under the Act. Provides that an owner or operator of a CCR unit located in Illinois is required to provide and maintain financial assurance for closure and corrective action. Provides that, beginning 18 months after the Act's effective date, no CCR generated in Illinois may be treated, stored, or disposed of in a CCR surface impoundment or unlined CCR landfill. Contains provisions regarding violation of the Act and resulting civil penalties, criminal fines, or injunctive relief. Provides requirements for various applications, permits, plans, and reports submitted under the Act. Amends the Environmental Protection Act. Removes language providing that a "coal combustion by-product" (CCB) is a coal combustion waste when used beneficially in specified ways. Removes language restricting specified uses of coal combustion waste as a CCB. Removes language regarding beneficial use determinations of CCB. Makes other changes. Provides that the Act's provisions are severable. Effective immediately. Senate Floor Amendment No. 3 Deletes reference to: New Act 415 ILCS 5/3.135 Adds reference to: 415 ILCS 5/3.140 was 415 ILCS 5/3.76 415 ILCS 5/3.142 new 415 ILCS 5/3.143 new 415 ILCS 5/21 from Ch. 111 1/2, par. 1021 415 ILCS 5/22.59 new 415 ILCS 5/39 from Ch. 111 1/2, par. 1039 415 ILCS 5/40 from Ch. 111 1/2, par. 1040 30 ILCS 105/5.891 new Replaces everything after the enacting clause. Amends the Environmental Protection Act. Requires a permit for persons conducting any waste-storage, waste-treatment, or waste-disposal operation on CCR surface impoundments. Prohibits persons from performing any specified actions that may cause or tend to cause a violation of the Act. Requires the owner of a CCR surface impoundment to submit to the Agency for approval a closure alternatives analysis. Exempts owners or operators of CCR surface impoundments that have completed closure in accordance with a plan approved by the Agency prior to 12 months after the amendatory Act's effective date from obtaining a construction permit for the surface impoundment closure. Provides that the owner of a CCR surface impoundment shall post all closure plans, permit applications, and supporting documentation, and any Agency approval of the plans or applications on its publicly available website. Requires the owner or operator of a CCR surface impoundment to pay the following fees: an initial fee of $50,000 for closed CCR surface impoundments or $75,000 for CCR surface impoundments that have not completed closure; and annual fees of 25,000 for each CCR surface impoundment that has not completed closure or $15,000 for each CCR surface impoundment that has completed closure but has not completed post-closure care. Requires any monies forfeited to the State from any performance bond or other security required under the amendatory Act's provisions to be placed in the Coal Combustion Residual Surface Impoundment Financial Assurance Fund. Allows the Agency to issue RCRA permits exclusively to persons owning or operating a CCR surface impoundment. Requires a permit applicant to make available to the public for inspection all documents submitted by the applicant to the Agency in furtherance of an application, with the exception of trade secrets, at the office of the county board or governing body of the municipality where CCR from the CCR surface impoundment will be permanently disposed. Makes other changes. Amends the State Finance Act. Creates the Coal Combustion Residual Surface Impoundment Financial Assurance Fund. Effective immediately. Senate Floor Amendment No. 4 Makes changes to the bill as amended by Senate Amendment No. 3 to require owners and operators of CCR surface impoundments to have submitted a closure plan to the Agency by May 1, 2019 (currently, May 31, 2019) and to have completed closure prior to 24 months (currently, 12 months) after the amendatory Act's effective date in order to be exempt from obtaining a construction permit.

Amends the School Code. With regard to special education joint agreements, provides that under no circumstances may a petition for withdrawal from a joint agreement be presented to other member districts less than 18 months from the date of the proposed withdrawal. Provides that if a petition for withdrawal is not approved by the other member districts, any petitioning member district (rather than only a petitioning member district that is part of a Class II county school unit outside of a city of 500,000 or more inhabitants) may appeal the disapproval. Provides that the trustees of schools of the township having jurisdiction and authority over the withdrawing district or the hearing panel established by the chief administrative officer of the intermediate service center having jurisdiction over the withdrawing district shall convene and hear testimony to determine whether the withdrawing district has presented sufficient evidence that the district, standing alone, will provide a full continuum of services and support to all its students with disabilities in the foreseeable future; specifies requirements for the withdrawing district prior to the hearing. Provides that each withdrawing district shall develop a comprehensive plan that includes the administrative policies and procedures outlined in specified special education rules of the State Board of Education and all relevant portions of the federal Individuals with Disabilities Education Act. Provides that the withdrawing district must also demonstrate its ability to provide education for a wide range of students with disabilities, including a full continuum of support and services. Effective immediately. Senate Floor Amendment No. 1 Provides that under no circumstances may a petition to withdraw from a joint agreement be presented to other member districts less than 12 (rather than 18) months from the date of the proposed withdrawal, unless the member districts agree to waive this timeline. Provides that upon approval by school board written resolution of all remaining member districts, the petitioning member district must submit its comprehensive plan to the State Board for review. Removes a provision providing that the petitioning member district shall be withdrawn from the joint agreement effective the following July 1. Provides that, in the event of a hearing conducted by a hearing panel, the withdrawing district must, prior to the hearing and among other requirements, hold a public hearing to allow for the opportunity to review (rather than hear) the plan for educating students after the withdrawal and prepare and provide a comprehensive plan (rather than prepare evidence that it has all of the components of a comprehensive plan).