Sen. Linda Holmes

Amends the Mental Health and Developmental Disabilities Code. Provides that until the consent of the adult's guardian has been obtained, counseling or psychotherapy provided to an adult under guardianship shall be limited to not more than 12 (rather than 5) sessions, a session lasting not more than 60 (rather than 45) minutes. Effective immediately.

Amends the Fire Protection District Act. Provides that all proposals to award contracts involving amounts in excess of $20,000 shall be published at least 10 days in advance of the date announced for the receiving of bids, in a secular English language newspaper (rather than a secular English language daily newspaper) of general circulation throughout the district. Effective immediately. House Floor Amendment No. 1 Adds reference to: 70 ILCS 705/16.09 from Ch. 127 1/2, par. 37.09 Provides that notice of the time and place of every eligibility examination shall be given by the board by a publication at least two weeks preceding the examination in a newspaper of general circulation within the fire protection district (rather than published in one or more newspapers published in the district, or, if no newspaper is published in the district, then in one or more newspapers with a general circulation within the district). Provides that a district that has a website that the full-time staff of the district maintains shall post notice on its website of all proposals to award contracts in excess of $20,000.

Amends the Abused and Neglected Child Reporting Act. Provides that within 10 days after completing an investigation of alleged physical abuse, sexual abuse, or neglect, if the report is unfounded or indicated, the Child Protective Service Unit shall send a copy of its final finding report to the Director of Public Health and the Director of Healthcare and Family Services. Requires the Director of Public Health and the Director of Healthcare and Family Services to ensure that the report remains confidential. In a provision that grants the Department of Public Health and other investigative bodies access to records concerning child abuse and neglect reports, removes language that requires the Director of Children and Family Services to approve such access. House Floor Amendment No. 1 Deletes reference to: 325 ILCS 5/8.7 new Adds reference to: 325 ILCS 5/4.4c new 325 ILCS 5/7.4 from Ch. 23, par. 2057.4 325 ILCS 5/7.8 Replaces everything after the enacting clause. Amends the Abused and Neglected Child Reporting Act. Provides that whenever the Department of Children and Family Services receives, by means of its statewide toll-free telephone number established for the purpose of reporting suspected child abuse or neglect or by any other means or from any mandated reporter, a report of suspected abuse or neglect of a child and the child is alleged to have been abused or neglected while receiving care in a hospital, including a freestanding psychiatric hospital licensed by the Department of Public Health, the Department of Children and Family Services shall: (i) notify the Directors of Public Health and Healthcare and Family Services of the report; and (ii) send a copy of the final finding to the Directors of Public Health and Healthcare and Family Services. Provides that the Department of Public Health shall receive information from unfounded reports involving children alleged to have been abused or neglected while hospitalized, including while hospitalized in freestanding psychiatric hospitals licensed by the Department of Public Health, as necessary for the Department of Public Health to conduct its licensing investigation. In a provision that grants the Department of Public Health and other investigative bodies access to records concerning child abuse and neglect reports, removes language that requires the Director of Children and Family Services to approve such access.

Amends the Prevention of Tobacco Use by Minors and Sale and Distribution of Tobacco Products Act. Makes a technical change in a Section concerning the short title. House Floor Amendment No. 2 Deletes reference to: 720 ILCS 675/0.01 Adds reference to: 725 ILCS 5/107-2 from Ch. 38, par. 107-2 Replaces everything after the enacting clause. Amends the Code of Criminal Procedure of 1963. Provides that whenever a peace officer has a warrant of arrest for the person or has reasonable grounds to believe that a warrant for the person's arrest has been issued and the peace officer has contact with the person because the person: (1) reported that he or she is a victim of sexual assault; or (2) requested or received emergency medical assistance or medical forensic services for sexual assault; if the warrant of arrest is not for a forcible felony as defined in the Criminal Code of 2012 or a violent crime as defined in the Rights of Crime Victims and Witnesses Act, the peace officer shall not arrest the person but shall issue a notice to appear to the person. Defines "sexual assault". Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Code of Criminal Procedure of 1963. Provides that whenever a peace officer has a warrant of arrest for the person and the peace officer has contact with the person because the person is requesting or receiving emergency medical assistance or medical forensic services for sexual assault at a medical facility, if the warrant of arrest is not for a forcible felony or a violent crime, the peace officer shall contact the prosecuting authority of the jurisdiction issuing the warrant, or if that prosecutor is not available, the prosecuting authority for the jurisdiction that covers the medical facility to request waiver of the prompt execution of the warrant. Provides that the prosecuting authority may secure a court order waiving the immediate execution of the warrant and provide a copy to the peace officer. Defines "sexual assault". Senate Floor Amendment No. 3 Replaces everything after the enacting clause. Amends the Code of Criminal Procedure of 1963. Provides that whenever a peace officer is aware of a warrant of arrest issued by a circuit court of the State for a person and the peace officer has contact with the person because the person is requesting or receiving emergency medical assistance or medical forensic services for sexual assault at a medical facility, if the warrant of arrest is not for a forcible felony, a violent crime, or an alleged violation of parole or mandatory supervised release, the peace officer shall contact the prosecuting authority of the jurisdiction issuing the warrant, or if that prosecutor is not available, the prosecuting authority for the jurisdiction that covers the medical facility to request waiver of the prompt execution of the warrant. Provides that the prosecuting authority may secure a court order waiving the immediate execution of the warrant and provide a copy to the peace officer. Provides that whenever a peace officer has a warrant of arrest for a person, subject to the same limitations described in this provision, and the peace officer has contact with the person because the person reported that he or she was sexually assaulted within the past 7 days, in addition to informing the person of his or her right to seek free medical attention and evidence collection and providing the written notice required by the Sexual Assault Incident Procedure Act, the officer shall also inform the person that if he or she chooses to go to a medical facility to seek any of those services, then the officer shall notify the prosecuting authority to request waiver of the prompt execution of the warrant.

Amends the Workers' Compensation Act. Permits a single commissioner to approve of enforcement actions under provisions of the Act concerning insuring an employer's ability to pay compensation, replacing the current requirement of a panel of 3 commissioners. Permits the Illinois Workers' Compensation Commission to, if an employer's business is declared to be extra hazardous, issue a work-stop order while awaiting a ruling from the Commission or while awaiting proof of insurance by the employer. Provides that investigative actions must be acted upon within 90 days of the issuance of a complaint. Raises the maximum allowable penalty for noncompliance with certain insurance requirements from $2,000 to $10,000. Doubles the maximum allowable penalties, to $1,000 per day, with a minimum penalty of $20,000, for employers found to be in noncompliance more than once. Provides that an employer with 2 or more violations may no longer self-insure or purchase an insurance policy from a private broker for one year or until all penalties are paid, during which time the employer must purchase insurance from the Assigned Risk Pool through the National Council on Compensation Insurance. House Floor Amendment No. 1 Adds reference to: 820 ILCS 305/4a-5 from Ch. 48, par. 138.4a-5 Provides that a Commissioner, rather than the Commission, may issue an emergency work-stop order prior to a hearing. Provides that the Commission shall issue a notice of emergency work-stop hearing when and emergency work-stop order has been issued. Removes prohibition on employers with 2 or more violations from purchasing insurance from a private broker and requiring the employer to purchase insurance through from the Assigned Risk Pool through the National Council on Compensation insurance. Prohibits those employers from self-insuring for a period of one year. Provides that moneys in the Self-Insurers Security Fund and in the Illinois Workers' Compensation Commission Operations Fund may be expended for salaries and benefits of the Self-Insurers Advisory Board employees and the operating costs of the Board. Fiscal Note (Workers' Compensation Commission) The Workers' Compensation Commission does not anticipate any changes to State revenues or expenditures with the passage of this bill. State Mandates Fiscal Note (Dept. of Commerce & Economic Opportunity) This bill does not create a State mandate.

Amends the School Code. Provides that an approved waiver from or modification to a physical education mandate may remain in effect for a period not to exceed 2 school years (rather than 5 school years like other mandate waivers) and may be renewed no more than 2 times upon application by an eligible applicant. Provides that an approved waiver from or modification to a physical education mandate may be changed within the 2-year period by the school board or regional superintendent of schools, whichever is applicable, following the procedure set forth in the Code for the initial waiver or modification request. Provides that a school board may determine the schedule or frequency of physical education courses, provided that an elementary school pupil engage in a course of physical education for a minimum of 150 minutes per week and a middle school, junior high school, or high school pupil engage in a course of physical education for a minimum of 225 minutes per week (rather than engage in a course of physical education for a minimum of 3 days per 5-day week). Provides that if a student non-attendance day is scheduled for a day that would otherwise include a physical education class or if the school building is not otherwise open to students on a day that would otherwise include a physical education class, a student is not required to make up the minutes from that class; defines "student non-attendance day". Effective July 1, 2019.

Amends the Drug School Act. Makes a technical change in a Section concerning the short title.

Creates the Cannabis Regulation and Taxation Act. Contains only a short title provision.

Amends the Small Business Job Creation Tax Credit Act. Provides that the Act applies for a second set of incentive periods beginning on July 1, 2019 and ending on June 30, 2026. Provides that certain provisions concerning employees who had participated as worker-trainees in the Put Illinois to Work Program during 2010 do not apply to the second set of incentive periods. Provides that the term "basic wage" means not less than $15 per hour (currently, $10). Effective immediately.

Amends the Pawnbroker Regulation Act. Removes language providing that when a person is found to be the owner of stolen property that has been pawned, the property shall be returned to the owner without payment of money advanced to the pawnbroker or any costs or charges. Provides that stolen property subject to a hold order shall be returned to the owner without the payment. Provides that when a hold order expires, title to the property shall vest in the pawnbroker. Provides that a hold order must specify certain information concerning the criminal investigation and property subject to the hold order. Sets forth the requirements for the contents of the hold order. Provides that a pawnbroker or its representative must sign and date a copy of a hold order as evidence of receipt of the hold order and the beginning of the 90-day hold period. House Committee Amendment No. 1 Deletes reference to: 205 ILCS 510/9 Replaces everything after the enacting clause. Inserts the contents of the introduced bill, but deletes the elimination of the requirement that pawned stolen property be returned to its owner without payment of costs or charges imposed by the pawnbroker or money advanced by the pawnbroker. Deletes provisions regarding the ownership of property upon expiration of hold orders. Adds a provision reiterating the obligations of a pawnbroker with respect to the owner of pawned property. Provides for a 120-day, rather than a 90-day, holding period beginning when a hold order is signed. Senate Floor Amendment No. 2 Deletes reference to: 205 ILCS 510/12 Adds reference to: New Act 5 ILCS 100/5-45 from Ch. 127, par. 1005-45 5 ILCS 140/7.5 20 ILCS 2505/2505-210 was 20 ILCS 2505/39c-1 20 ILCS 2630/5.2 30 ILCS 105/5.891 new 30 ILCS 105/5.892 new 30 ILCS 105/5.893 new 30 ILCS 105/ 5.894 new 30 ILCS 105/6z-107 new 30 ILCS 500/1-10 35 ILCS 105/9 from Ch. 120, par. 439.9 35 ILCS 110/9 from Ch. 120, par. 439.39 35 ILCS 115/9 from Ch. 120, par. 439.109 35 ILCS 120/3 from Ch. 120, par. 442 35 ILCS 520/Act rep. 50 ILCS 705/9 from Ch. 85, par. 509 50 ILCS 705/10.12 55 ILCS 5/5-1006.8 new 55 ILCS 5/5-1009 from Ch. 34, par. 5-1009 65 ILCS 5/8-11-6a from Ch. 24, par. 8-11-6a 65 ILCS 5/8-11-22 new 205 ILCS 5/48 205 ILCS 305/8 from Ch. 17, par. 4409 410 ILCS 130/210 625 ILCS 5/2-118.2 625 ILCS 5/11-501.2 from Ch. 95 1/2, par. 11-501.2 625 ILCS 5/11-501.9 625 ILCS 5/11-501.10 new 625 ILCS 5/11-502.1 625 ILCS 5/11-502.15 new 705 ILCS 405/5-401 720 ILCS 550/4 from Ch. 56 1/2, par. 704 720 ILCS 550/5 from Ch. 56 1/2, par. 705 720 ILCS 550/5.1 from Ch. 56 1/2, par. 705.1 720 ILCS 550/5.3 720 ILCS 550/8 from Ch. 56 1/2, par. 708 735 ILCS 5/2-1401 from Ch. 110, par. 2-1401 765 ILCS 605/33 new 820 ILCS 55/5 from Ch. 48, par. 2855 Replaces everything after the enacting clause. Creates the Cannabis Regulation and Tax Act and amends various Acts. Provides that it is lawful for persons 21 years of age or older to possess, use, and purchase limited amounts of cannabis for personal use in accordance with the Act. Authorizes registered qualifying patients to cultivate limited amounts of cannabis for personal use. Provides for the regulation and licensing of various entities and occupations engaged in cultivation, dispensing, processing, transportation, and other activities regarding cannabis for adult use. Sets forth duties of an Illinois Cannabis Regulation Oversight Officer, the Department of State Police, the Department of Agriculture, the Department of Financial and Professional Regulation, the Department of Public Health, the Department of Commerce and Economic Opportunity, the Department of Human Services, the Department of Revenue, the State Treasurer, the Illinois Criminal Justice Information Authority, and other governmental entities. Provides for expungement of minor cannabis violations under specified circumstances. Creates a Restore, Reinvest, and Renew Program and a Restore, Reinvest, and Renew Program Board and contains various provisions regarding a low-interest loan program for social equity applicants, investment in communities that have suffered because of drug policies, and the promotion of cannabis business ownership by individuals who have resided in areas of high poverty and high enforcement of cannabis-related laws. Contains provisions regarding health and safety, packaging, advertising, local ordinances, providing financial services to a cannabis-related legitimate business, and other matters. Creates a Cannabis Cultivation Privilege Tax and a Cannabis Purchaser Excise Tax. Authorizes the imposition of a County Cannabis Retailers' Occupation Tax and a Municipal Cannabis Retailers' Occupation Tax. Provides for allocation of revenues and creates various funds in the State treasury. Repeals the Cannabis and Controlled Substances Tax Act. Contains home rule preemptions. Contains other provisions. Effective immediately.