Sen. Lakesia Collins

Amends the Illinois Act on the Aging and the Illinois Public Aid Code by changing all references to the Illinois State Police Medicaid Fraud Control Unit to the Office of the Attorney General Medicaid Fraud Control Unit. Amends the Illinois False Claims Act. Removes references to the Illinois State Police from the definition of "investigator". Provides that the Attorney General (rather than the Attorney General or the Illinois State Police) shall diligently investigate a civil violation for false claims under the Act. Provides that the Attorney General may issue subpoenas under the Act (rather than the Attorney General may delegate the authority to issue subpoenas under the Act to the Department of State Police). In provisions concerning the State Whistleblower Reward and Protection Fund, provides that for all cases settled on or after October 1, 2023, one-third of the monies shall be paid to the Attorney General Whistleblower Reward and Protection Fund. Provides that the remaining two-thirds of the monies in the Fund shall be used for payment of awards to Qui Tam plaintiffs and as otherwise specified in this Act, with any remainder to the General Revenue Fund. Provides that the Attorney General shall direct the State Treasurer to make disbursement of funds. Effective immediately.

Amends the Innkeeper Protection Act. Provides that a proprietor or manager of a hotel may remove or cause to be removed from a hotel or refuse to admit or refuse service or accommodations to a guest or other person who violates specified provisions. Provides that if the guest has paid in advance, the innkeeper shall tender to the guest any unused portion of the advance payment at the time of removal. Provides that the amendatory provisions shall not be used as a pretext to discriminate against a guest on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, disability, age, or country of ancestral origin. Effective immediately.

Amends the Juvenile Court Act of 1987. Provides that a neglected minor includes any minor (rather than a minor under 14 years) whose parent or other person responsible for the minor's welfare leaves the minor without supervision for an unreasonable period of time without regard for the mental or physical health, safety, or welfare of that minor. Provides that a minor shall not be considered neglected for the sole reason that the minor was engaged in independent activities, except if the person responsible for the minor's health, safety, or welfare willfully disregards danger that the independent activity poses to the physical or mental health of the minor under circumstances when the danger is sufficiently obvious that no reasonable person would cause or permit the minor to be unsupervised in such a situation given the minor's level of maturity, physical condition, or mental abilities. Provides factors that must be considered in determining if a minor's needs can be sufficiently met during an independent activity. Amends the Criminal Code of 2012 to change the child abandonment statute. Deletes language providing that a person commits child abandonment by leaving a child who is under the age of 13 without supervision by a responsible person over the age of 14 for a period of 24 hours or more. Provides instead that a person commits child abandonment when he or she, as a parent, guardian, or other person having physical custody or control of a child, without regard for the mental or physical health, safety, or welfare of that child, knowingly permits a child to engage in independent activities that were unreasonable under the circumstances or for an unreasonable period of time without regard for the minor's mental or physical health, safety or well-being. Provides that no specific age shall be determinative of reasonableness, and that reasonableness shall be determined by the maturity of each individual child. Effective immediately.

Amends the Adoption Act. Provides that any licensed child welfare agency that provides post-adoption search assistance may request non-identifying, historical information from the Department of Children and Family Services for private adoption agencies that have closed whose records are housed in the State Central Storage.

Amends the Juvenile Court Act of 1987. Provides that the judge shall enter an order permitting prosecution under the criminal laws of Illinois unless the judge makes a finding based on clear and convincing evidence that the minor would be amenable to the care, treatment, and training programs available through the facilities of the juvenile court based on an evaluation of: (1) any involvement of the minor in the child welfare system, (2) whether there is evidence the minor was subjected to outside pressure, including peer pressure, familial pressure, or negative influences, and (3) the minor's degree of participation and specific role in the offense. Amends the Unified Code of Corrections. Provides that when a person commits an offense and the person is under 18 years of age at the time of the commission of the offense, the court, at the sentencing hearing shall consider the following additional factors in mitigation in determining the appropriate sentence: (1) the person's family, home environment, educational and social background, including any history of domestic or sexual violence or sexual exploitation; (2) childhood trauma, including adverse childhood experiences, the person's involvement in the child welfare system; (3) involvement of the person in the community; (4) if a comprehensive mental health evaluation of the person was conducted by a qualified mental health professional; and (5) the outcome of the evaluation. Provides that notwithstanding any other provision of law, if the court determines by clear and convincing evidence that the individual against whom the person is convicted of committing the offense previously committed certain human trafficking or sex crimes against the person within 3 years before the offense in which the person was convicted, the court may, in its discretion: (1) transfer the person to juvenile court for sentencing under the Juvenile Court Act of 1987; (2) depart from any mandatory minimum sentence, maximum sentence, or sentencing enhancement; or (3) suspend any portion of an otherwise applicable sentence.

Amends the Housing Authorities Act. Requires every housing authority organized under the Act to collect data on (i) the number of vacant rental units within each housing project operated by the housing authority and (ii) information on whether each waiting list maintained by the housing authority is open or closed. Requires the information to be reported to the Illinois Criminal Justice Information Authority and compiled and reported to the General Assembly annually by the Illinois Criminal Justice Information Authority. Provides that unless required by federal law, a housing authority shall not consider certain information when determining eligibility for federally assisted housing, including convictions occurring more than 180 days prior to the date the applicant's application for housing is reviewed for acceptance. Defines "federally assisted housing" to mean any housing units or subsidized housing programs funded in whole or in part by the federal government including all properties owned or financed by a housing authority, or a subsidiary or partnership in which the housing authority is a member.

Creates the Protection of Dogs and Cats from Unnecessary Testing Act. Prohibits a testing facility from conducting a canine or feline toxicological experiment in the State, except for certain specified purposes. Provides that the prohibition does not apply to testing or experimentation conducted for the purpose of developing, manufacturing, or marketing any product intended for beneficial use in dogs or cats. Provides that the Attorney General or a State's Attorney in the county in which a violation occurred may bring an action in the name of the People of the State to enforce the provisions of the Act. Contains a severability provision. Effective immediately.

Amends the State Property Control Act. Includes qualified veteran-owned small businesses in the list of entities that may receive preference in the disposition of transferable property. Effective immediately.

Amends the Common Interest Community Association Act, the Condominium Property Act, and the Landlord and Tenant Act. Requires a common interest community association, unit owners' association, and landlord to keep the temperature of all common areas between 67 and 73 degrees and, if a unit owner or tenant does not have control of temperature settings in the unit owner's or tenant's living area, to keep the temperature of all living areas between 67 and 73 degrees. Provides that the provisions apply only to property or residential premises where: (1) 75% of the unit owners or tenants are 65 years of age or older if the property or residential premises has 25 dwelling units or less; or (2) 50% of the unit owners or tenants are 65 years of age or older if the property residential premises has 26 dwelling units or more. Allows a unit owner or tenant to bring an action for damages, injunctive relief, or other appropriate relief if the association or landlord violates the provisions. Allows a court to grant a prevailing unit owner or tenant actual damages, reasonable costs, and attorney's fees. Allows the court to issue a civil penalty of $750 for each day the association or landlord violates the provisions.

Amends the Regulatory Sunset Act. Provides for the repeal of the Illinois Public Accounting Act on January 1, 2029 (rather than January 1, 2024). Amends the Illinois Public Accounting Act. Provides that all applicants and registrants shall: (1) provide a valid address and email address to the Department of Financial and Professional Regulation, which shall serve as the address of record and email address of record, respectively, at the time of application for registration or renewal of a registration and (2) inform the Department of any change of address of record or email address of record within 14 days after such change either through the Department's website or by contacting the Department's licensure maintenance unit. Provides that a license application shall have an applicant's federal individual taxpayer identification number. Provides that all CPA firms or sole practitioners required to undergo a peer review shall submit to the Department peer review reports; letters of response, if applicable; acceptance letters; letters signed by the reviewed CPA firm accepting the peer review documents with the understanding that the CPA firm agrees to take certain actions, if applicable; and letters notifying the reviewed CPA firm that certain required actions have been completed, if applicable. Provides that the Secretary of Financial and Professional Regulation shall appoint a full-time CPA Coordinator. Provides that the hearing officer shall report the hearing officer's findings of fact, conclusions of law, and recommendations to the Committee (rather than to the Committee and the Secretary). Removes a provision providing that exhibits shall be certified without cost. Makes corresponding and other changes. Specifies that the changes made to the Regulatory Sunset Act take effect immediately.