Sen. John Curran

Creates the Licensed Certified Professional Midwife Practice Act. Provides for the licensure of certified professional midwives by the Department of Financial and Professional Regulation and for certain limitations on the activities of licensed certified professional midwives. Creates the Illinois Midwifery Board. Sets forth provisions concerning application; qualifications; exemptions; title protection; informed consent; consultation and referral; grounds for disciplinary action; reporting; and administrative procedures. Amends the Regulatory Sunset Act to set a repeal date for the new Act of January 1, 2032. House Floor Amendment No. 1 Deletes reference to: 5 ILCS 80/4.41 new Adds reference to: New Act 5 ILCS 80/4.37 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: Further amends the Licensed Certified Professional Midwife Practice Act. Creates provisions concerning Social Security Numbers on license applications; inactive status; grounds for disciplinary action; restoration of license; surrender of license; temporary suspension of license; rehearing; administrative review and certification of records; injunctions; investigation, notice, and hearings; hearing reports; hearing officers; motions for rehearing; certification of records by Department of Financial and Professional Regulation; violations; and fees. Make changes in provisions concerning definitions; exemptions; the Illinois Midwifery Board; powers and duties of the Department; licensure; expiration and renewal of licensure; scope of practice; annual reports; and vicarious liability. Further amends the Regulatory Sunset Act. Provides for repeal of the Licensed Certified Professional Midwife Practice Act on January 1, 2027 (rather than January 1, 2032). Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes: Amends the Licensed Certified Professional Midwife Practice Act. In provisions concerning the Illinois Midwifery Board, provides that all board members must be residents of the State. Provides that all board members, except for the public member, must be licensed in good standing and, at the time of appointment, actively engaged in their respective professions. In provisions concerning licensure, provides that applicants have 3 years from the date of application to complete the application process. Makes changes in provisions concerning definitions; Social Security Numbers on license applications; exemptions; informed consent; scope of practice; transfer; annual reports; grounds for disciplinary action; and investigations, notice, and hearings. Removes references to the Disciplinary Board. Adds a January 1, 2022 effective date. Senate Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of the bill as amended by Senate Amendment No. 1 with the following changes: Provides that no physician, nurse, emergency medical personnel, hospital, or other health care institution shall be liable for any act or omission resulting from the provision of services by any licensed certified professional midwife solely on the basis that (rather than even if) the physician, nurse, emergency medical personnel, hospital, or other health care institution has consulted with or accepted a referral from the licensed certified professional midwife. Changes the effective date to October 1, 2022.

Amends the State Treasurer Act. Provides that for purposes of the ABLE account program, a designated beneficiary means the ABLE account owner. Provides that upon the death of a designated beneficiary, proceeds from an account may be transferred pursuant to a payable on death account agreement. Provides that upon the death of a designated beneficiary, the State Treasurer may require verification that the funeral and burial expenses of the designated beneficiary have been paid. Makes conforming changes. Effective immediately. House Committee Amendment No. 1 Deletes reference to: 15 ILCS 505/16.6 Adds reference to: 20 ILCS 5/5-15 was 20 ILCS 5/3 Replaces everything after the enacting clause. Amends the Civil Administrative Code of Illinois. Makes a technical change in a Section creating the civil administrative agencies. House Floor Amendment No. 2 Deletes reference to: 20 ILCS 5/5-15 Adds reference to: 5 ILCS 420/1-102.5 new 5 ILCS 420/1-104.3 new 5 ILCS 420/1-104.4 new 5 ILCS 420/1-104.5 new 5 ILCS 420/1-105.2 new 5 ILCS 420/1-105.3 new 5 ILCS 420/1-105.5 new 5 ILCS 420/1-105.6 new 5 ILCS 420/1-105.7 new 5 ILCS 420/1-109 from Ch. 127, par. 601-109 5 ILCS 420/1-110 from Ch. 127, par. 601-110 5 ILCS 420/1-112.5 new 5 ILCS 420/1-113.6 new 5 ILCS 420/1-113.7 new 5 ILCS 420/2-101 from Ch. 127, par. 602-101 5 ILCS 420/3A-50 new 5 ILCS 420/4A-102 from Ch. 127, par. 604A-102 5 ILCS 420/4A-103 from Ch. 127, par. 604A-103 5 ILCS 420/4A-107 from Ch. 127, par. 604A-107 5 ILCS 420/4A-108 5 ILCS 420/4A-104 rep. 5 ILCS 430/5-40 5 ILCS 430/5-45 5 ILCS 430/20-20 5 ILCS 430/20-95 5 ILCS 430/25-5 5 ILCS 430/25-10 5 ILCS 430/25-15 5 ILCS 430/25-20 5 ILCS 430/25-85 10 ILCS 5/1A-14 from Ch. 46, par. 1A-14 10 ILCS 5/9-1.8 from Ch. 46, par. 9-1.8 10 ILCS 5/9-3.5 new 10 ILCS 5/9-8.5 25 ILCS 115/1 from Ch. 63, par. 14 25 ILCS 170/2 from Ch. 63, par. 172 25 ILCS 170/3 from Ch. 63, par. 173 25 ILCS 170/4.5 25 ILCS 170/4.7 25 ILCS 170/5 25 ILCS 170/6 from Ch. 63, par. 176 25 ILCS 170/8 from Ch. 63, par. 178 25 ILCS 170/11.2 Replaces everything after the enacting clause. Amends the Illinois Governmental Ethics Act. Creates a uniform statement of economic interest form that must be completed by all persons who are required to file that form under the Act. Changes the nature of the required disclosures that must be made. Requires the Secretary of State to adjust specified amounts that prompt disclosure under the Act for purposes of inflation, and requires the Secretary to make conforming changes to the statement of economic interest form. Requires candidates filing for supreme court justice, appellate court judge, circuit court judge, or judicial retention to file their statement of economic interests in written or printed form. Modifies requirements concerning legislator restricted activities and the code of conduct. Prohibits a person appointed to an affected office from serving as an officer of a candidate political committee under specified circumstances. Amends the State Officials and Employees Ethics Act. Restricts fundraising during sessions of the General Assembly, regardless of county. Modifies provisions concerning procurement and revolving door prohibitions concerning the fiscal administration of State contracts. Provides further revolving door requirements for executive branch officers and members of the General Assembly concerning lobbying. Modifies requirements concerning the Executive Ethics Commission and the Legislative Ethics Commission. Modifies requirements for Executive Inspectors General and the Legislative Inspector General. Provides that all investigatory files and reports of the Office of an Executive Inspector General are, among other exemptions, privileged. Amends the Election Code. Prohibits a member of the State Board of Elections from contributing to a political committee, serving as an officer of a political committee, or being a candidate supported by a candidate political committee. Prohibits a limited activity committee from accepting contributions except under specified circumstances. Provides that a limited activity committee may only make specified expenditures. Amends the General Assembly Compensation Act. Provides that the compensation to be paid per year to members of the General Assembly shall be paid bi-monthly. Provides for member compensation on a prorated basis. Amends the Lobbyist Registration Act. Applies the requirements of the Act to municipalities, counties, and officials thereof, and other specified State officials. Provides for home rule preemption under the Act. Defines terms. Makes conforming changes. Adds an applicability clause. Effective January 1, 2022. Governor Amendatory Veto Message Recommends: (i) deleting new language providing that the Executive Inspectors General have the duty to "receive and investigate, without advance approval of the Executive Ethics Commission, allegations of violations of this Act and other wrongful acts within his or her jurisdiction based on a complaint" and that an "investigation may not be initiated more than one year after the alleged wrongful act or the most recent act of a series of alleged wrongful acts based on the same wrongful conduct except if there is reasonable cause to believe that fraudulent concealment has occurred"; and (ii) restoring existing law providing that the Executive Inspectors General have the duty to "receive and investigate allegations of violations of this Act" and that an "investigation may not be initiated more than one year after the most recent act of the alleged violation or of a series of alleged violations except where there is reasonable cause to believe that fraudulent concealment has occurred".

Amends the Medical Assistance Article of the Illinois Public Aid Code. Exempts transportation services, including those transportation services provided by ground ambulance service providers, medi-car providers, service car providers, and taxi service providers, from the State's managed care medical assistance program. Provides that these services shall continue to be paid under the State's traditional fee-for-service program. House Floor Amendment No. 1 Requires the Department of Healthcare and Family Services to exempt ground ambulance services from the State's managed care medical assistance program (rather than exempt transportation services, including those transportation services provided by ground ambulance service providers, medi-car providers, service car providers, and taxi service providers).

Amends the Animal Welfare Act. Provides that a pet shop operator may offer for sale a dog or cat only if the dog or cat is obtained from an animal control facility or animal shelter. Provides that an animal control facility or animal shelter that supplies dogs or cats to pet shop operators to be offered for sale shall not be a dog breeder or a cat breeder or obtain dogs or cats from a dog breeder, a cat breeder, a person who resells dogs or cats from a breeder, or a person who sells dogs or cats at auction in exchange for payment or compensation. Defines the term "offer for sale" and modifies the definitions of "pet shop operator" and "animal shelter". Effective 180 days after becoming law. House Floor Amendment No. 1 Provides that "offer for sale" means to sell, exchange for consideration, offer for adoption, advertise for the sale of, barter, auction, give away, or otherwise dispose of animals (rather than to display, sell, exchange for consideration, offer for adoption, advertise for the sale of, barter, auction, give away, or otherwise dispose of animals). Provides that provisions concerning the prohibition of dogs and cats sold by pet shops shall not prohibit a pet shop operator from providing space to an animal control facility or animal shelter to showcase dogs or cats owned by these entities for the purpose of adoption.

Amends the Hospital Licensing Act. Requires a hospital to provide a plan of correction to the Department of Public Health within 60 days if the hospital demonstrates a pattern or practice of failing to substantially comply with specified requirements or with the hospital's written staffing plan. Allows the Department to impose specified fines on a hospital for failing to comply with written staffing plans for nursing services or plans of correction. Requires money from fines to be deposited into the Hospital Licensure Fund (instead of the Long Term Care Provider Fund). Contains provisions concerning staffing plans. Amends the Nursing Education Scholarship Law. Provides that the Department of Public Health may award a total of $500,000 annually in nursing education scholarships. Amends the Illinois Income Tax Act. Creates an income tax credit for taxpayers who are employed during the taxable year as nurse educators. Provides that the credit shall be equal to 2.5% of the taxpayer's federal adjusted gross income for the taxable year. Effective immediately. House Committee Amendment No. 1 Deletes reference to: 35 ILCS 5/232 new In provisions of the bill amending the Hospital Licensing Act, restores provisions of current law providing that fines for failing to initiate certain criminal background checks or failing to report the death of a person known to be a resident of a facility licensed under the ID/DD Community Care Act or the MC/DD Act shall be deposited into the Long Term Care Provider Fund. Reinserts with formatting changes the provisions of the introduced bill concerning fines for failing to implement a written staffing plan for nursing services or failing to substantially comply with a plan of correction. Removes provisions of the bill creating an income tax credit for nurse educators.

Amends the School Code. Makes changes to provisions relating to a school district's policy addressing the sexual abuse of children. Provides that the policy must be adopted and implemented by no later than July 1, 2022. Provides that the policy shall (rather than may) include an age-appropriate and evidence-based curriculum (rather than age-appropriate curriculum) for students in pre-K through 12th (rather than 5th) grade. Requires a school district to include in its policy and all training materials and instruction a definition of prohibited grooming behaviors and boundary violations for school personnel and how to report these behaviors to school authorities. Sets forth what the policy must address. Makes other changes. Effective immediately. House Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Provides that the school district shall include in its policy and any relevant training materials a definition of prohibited grooming behaviors and boundary violations for school personnel and how to report these behaviors (instead of how to report these behaviors to school authorities). Makes conforming changes. Makes changes to provisions concerning the required policies addressing sexual abuse. Provides that a school district must provide training for school personnel on specified child sexual abuse and grooming behaviors no later than January 31 of each year. Effective immediately. Senate Floor Amendment No. 2 Adds the definition of "grooming".

Amends the Open Meetings Act. Provides that each public body shall periodically (currently, specifies no less than semi-annually) meet to review minutes of all closed meetings. Provides that meetings to review minutes shall occur every 6 months, or as soon thereafter as is practicable, taking into account the nature and meeting schedule of the public body. Provides that committees which are ad hoc in nature shall review closed session minutes at the later of (1) 6 months from the date of the last review of closed session minutes or (2) at the next scheduled meeting of the ad hoc committee. Provides that when a public body is dissolved, disbanded, eliminated, or consolidated by executive action, legislative action, or referendum, the governing body of the unit of local government in which the public body was located shall review the closed session minutes of that public body. House Floor Amendment No. 1 Provides that when a public body is dissolved, disbanded, eliminated, or consolidated by executive action, legislative action, or referendum, and its functions and responsibilities are assumed by a unit of local government, the unit of local government which assumes the functions of the prior public body shall review the closed session minutes of that public body.

Amends the Illinois Income Tax Act. Provides that a partnership or Subchapter S corporation may elect to pay a tax computed by multiplying the share of business income apportionable to Illinois and nonbusiness income allocated to Illinois that is distributable to each partner or shareholder and multiplied by the applicable rates of tax for that partner or shareholder. Creates a deduction in an amount equal to those amounts. Effective immediately. Senate Committee Amendment No. 1 Adds reference to: 35 ILCS 5/502 from Ch. 120, par. 5-502 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. Provides that the tax imposed under the introduced bill applies for taxable years beginning on or after January 1, 2021. Provides that certain nonresident individuals with no Illinois income tax liability after taking into account the deductions in the amendatory Act are not required to file returns. Makes various technical corrections concerning pass-through entities. Effective immediately. Senate Floor Amendment No. 2 Deletes reference to: 35 ILCS 5/203 from Ch. 120, par. 2-203 35 ILCS 5/502 from Ch. 120, par. 5-502 35 ILCS 5/601 from Ch. 120, par. 6-601 35 ILCS 5/709.5 35 ILCS 5/1501 from Ch. 120, par. 15-1501 Replaces everything after the enacting clause. Reinserts provisions of the introduced bill creating an entity-level tax, but makes certain formatting changes. Provides that the entity-level tax applies for taxable years ending on or after December 31, 2021 and beginning prior to January 1, 2026. Provides that the entity-level tax shall be in an amount equal to 4.95% of the taxpayer's net income for the taxable year. Defines "net income". Provides that a partnership or Subchapter S corporation that elects to pay tax at the entity level is required to pay estimated tax if the amount payable as estimated tax can reasonably be expected to exceed $500. Effective immediately. House Committee Amendment No. 1 Adds reference to: 35 ILCS 5/203 from Ch. 120, par. 2-203 35 ILCS 5/901 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with changes. Provides that provisions concerning pass-through entities apply only with respect to taxable years for which a specified limitation on individual deductions applies under the Internal Revenue Code. Adds a corresponding addition modification. Makes a conforming change with respect to the Local Government Distributive Fund. 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 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.