Sen. Lakesia Collins

Creates the Agriculture Equity Commission Act. Establishes the Agriculture Equity Commission. Provides for membership of the Commission. Provides that members shall serve without compensation. Provides for the filling of Commission vacancies. Provides for administrative and other support to the Commission. Provides for the duties of the Commission. Requires the Commission to annually report to the Governor and the General Assembly on its findings, recommendations, and other relevant matters concerning and based upon its duties.

Amends the Children and Family Services Act. Provides that upon receiving custody or guardianship of a youth in care, and at least annually thereafter, the Department of Children and Family Services shall determine whether the youth may be eligible for Social Security benefits, Supplemental Security Income, or Veterans benefits. Provides that if it is determined that the youth may be eligible for benefits, the Department shall ensure that an application is filed on behalf of the youth. Requires the Department to ensure that any youth in care eligible for benefits beyond the age of 18 has a timely application filed. Requires the Department to immediately notify a youth over the age of 16, the youth's attorney and guardian ad litem, and the youth's parent or legal guardian or another responsible adult of: (1) any application for or any application to become representative payee for benefits on behalf of a youth in care; (2) any decisions or communications from the Social Security Administration or the U.S. Department of Veterans Affairs regarding an application for benefits or for representative payee status; and (3) any appeal or other action requested by the Department regarding an application for benefits. Requires the Department to ensure that when the youth attains the age of 14 years and until the Department no longer serves as the representative payee or fiduciary, a minimum percentage of the youth's benefits are conserved in a way that avoids violating any federal asset or resource limits that would affect the youth's eligibility to receive the benefits, including, but not limited to, establishing for the youth a Plan to Achieve Self-Support (PASS) Account; an ABLE account, a Social Security Plan to Achieve Self-Support account, or other specified savings accounts. Contains provisions concerning annual accounting reports to a youth's attorney and guardian ad litem of how a youth's benefits have been used and conserved; financial literacy training and support for youth in care; the adoption of rules; reporting requirements for the Department; and other matters. Effective immediately. House Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Children and Family Services Act. Provides that upon receiving temporary custody or guardianship of a youth in care, the Department of Children and Family Services shall assess the youth to determine whether the youth may be eligible for Social Security benefits, Supplemental Security Income, Veterans benefits, or Railroad Retirement benefits. Provides that if, after the assessment, the Department determines that the youth may be eligible for such benefits, the Department shall ensure that an application is filed on behalf of the youth. Requires the Department to prescribe by rule how it will review cases of youth in care at regular intervals to determine whether the youth may have become eligible for benefits after the initial assessment. Provides that the Department shall make reasonable efforts to encourage youth in care over the age of 18 who are likely eligible for benefits to cooperate with the application process and to assist youth with the application process. Provides that when applying for benefits, the Department shall identify a representative payee in accordance with specified federal requirements. Requires the Department to immediately notify a youth over the age of 16, the youth's attorney and guardian ad litem, and the youth's parent or legal guardian or another responsible adult of: (1) any application for or any application to become representative payee for benefits on behalf of a youth in care; (2) any communications from the Social Security Administration, the U.S. Department of Veterans Affairs, or the Railroad Retirement Board pertaining to the acceptance or denial of benefits or the selection of a representative payee; and (3) any appeal or other action requested by the Department regarding an application for benefits. Provides that when the Department serves as the representative payee for a youth receiving benefits, the Department shall: (i) beginning January 1, 2023, ensure that when the youth attains the age of 14 years and until the Department no longer serves as the representative payee, a minimum percentage of the youth's Supplemental Security Income benefits are conserved as specified under the amendatory Act; (2) beginning January 1, 2024, ensure that when the youth attains the age of 14 years and until the Department no longer serves as the representative payee a minimum percentage of the youth's Social Security benefits, Veterans benefits, or Railroad Retirement benefits are conserved as specified under the amendatory Act; (3) appropriately monitor any federal asset or resource limits for the benefits and ensure that the youth's best interest is served by using or conserving the benefits in a way that avoids violating any federal asset or resource limits that would affect the youth's eligibility to receive the benefits; and other matters. Contains provisions concerning annual accounting reports to a youth's attorney and guardian ad litem on how a youth's benefits have been used and conserved; financial literacy training and support for youth in care; the adoption of rules; reporting requirements for the Department; and other matters. Effective immediately.

Amends the School Code. Provides that alternative learning opportunities programs may include high school completion programs that allow certain students eligible for remote learning to complete their education while incarcerated in a Department of Corrections facility. Provides that the Chicago Board of Education may offer a remote learning option to a student who is in the custody of the Department of Corrections if the student (i) is enrolled at Consuella B. York Alternative High School at the time the student is transferred to a Department of Corrections facility or had been enrolled in the school within the 6 months prior to being transferred to a Department of Corrections facility and (ii) is within 2 school years of completing all of the course requirements necessary for high school graduation. Allows the school district to continue to offer the option of remote learning to the student to complete any remaining course requirements necessary for high school graduation for up to one school year following the student's release from the custody of the Department of Corrections. Effective immediately. Senate Floor Amendment No. 1 Provides that the Chicago Board of Education's offer of the option of remote learning is subject to appropriation. Provides that the Department of Corrections educators and security staff shall be involved in assisting and supervising students participating in the pilot program. Provides that the Department of Corrections shall negotiate with all bargaining units involved to ensure that the implementation of the pilot program is consistent with collective bargaining agreements.

Amends the School Code. Provides that any child from a public school, subject to guidelines established by the State Board of Education, shall be permitted by a school board at least one school day-long excused absence per school year for any middle school or high school student for a child that is absent from school to engage in a civic event. A school board may require that the student provide advance notice of the intended absence and require that the student provide documentation of participation in a civic event. Senate Floor Amendment No. 1 Adds reference to: 105 ILCS 5/26-2 from Ch. 122, par. 26-2 105 ILCS 5/26-2a from Ch. 122, par. 26-2a Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes: Provides that school boards may require reasonable advance notice (instead of requiring advance notice) of the intended absence. Provides that the reasonable advance notification and documentation shall be provided to the appropriate school administrator. Further amends the Compulsory Attendance for Pupils Article of the School Code. Defines "civic event", and provides that the State Board of Education may adopt rules to further define "civic event". Adds attending a civic event as part of the definition of "valid cause". Makes corresponding, grammatical, and stylistic changes.

Creates the Student Debt Assistance Act. Prohibits an institution of higher learning or a public or private entity that provides academic transcripts from (i) withholding academic transcripts from a current or former student because the student owes a debt to the institution, (ii) conditioning the provision of an academic transcript on the payment of a debt, other than a fee charged to provide the transcript, (iii) charging a higher fee to obtain an academic transcript or providing less favorable treatment of a request for an academic transcript because a current or former student owes a debt, or (iv) using academic transcript issuance as a tool for debt collection. Beginning with the 2022-2023 academic year, requires an institution of higher learning to make a good faith effort to offer a debt repayment plan to any student who owes a debt of $250 or more to the institution. Sets forth provisions concerning the debt repayment plan and enrollment procedures. Effective immediately. Senate Floor Amendment No. 1 Replaces everything after the enacting clause. Creates the Student Debt Assistance Act. Prohibits an institution of higher education from refusing to provide an unofficial transcript to a current or former student on the grounds that the student owes a debt; conditioning the provision of an unofficial transcript on the payment of a debt, other than a fee charged to provide the transcript; or charging a higher fee for obtaining an unofficial transcript or providing less favorable treatment of a request for an unofficial transcript because a current or former student owes a debt. Provides that an institution of higher education (1) must provide an official transcript of a current or former student to a current or potential employer, even if the current or former student owes a debt; (2) may not condition the provision of an official transcript to a current or potential employer on the payment of a debt, other than a fee charged to provide the transcript; and (3) may not charge a higher fee for transferring an official transcript to a current or potential employer or provide less favorable treatment for such a request because a current or former student owes a debt. Beginning with the 2022-2023 school year, requires every institution of higher education to have a policy instituting a financial or physical hardship withdrawal process; sets forth requirements concerning the process. Provides that if an institution of higher education chooses to send a current or former student's past due debt to a debt collection agency, the past due debt may not be reported to any credit reporting agencies or used against that student in a credit report or credit score. Effective immediately. House Floor Amendment No. 2 Provides that if an institution of higher education chooses to send a current or former student's past due debt to a debt collection agency, the past due debt may not be reported to any credit reporting agencies, except as provided by federal law (instead of may not be reported to any credit reporting agencies or used against that student in a credit report or credit score).

Amends the Mental Health and Developmental Disabilities Code. Modifies the definition of "developmental disability." Modifies the definition of "intellectual disability." Amends various other Acts to reference the definitions of developmental disability and intellectual disability in the Mental Health and Developmental Disabilities Code. House Floor Amendment No. 1 Deletes reference to: 20 ILCS 4010/2002 from Ch. 91 1/2, par. 1952 430 ILCS 65/1.1 from Ch. 38. par 83-1.1 Removes changes to the Illinois Council on Developmental Disabilities Law. Removes changes to the Firearm Owners Identification Card Act. Senate Floor Amendment No. 2 Adds reference to: 430 ILCS 65/1.1 Provides that the "developmental disability" and "intellectual disability" definitions in the Mental Health and Developmental Disabilities Code do not supersede the "developmental disability" and "intellectual disability" definitions in the Firearm Owners Identification Card Act that are required to be applied under that Act for the purpose of mandatory reporting. Amends the Firearm Owners Identification Card Act. Removes the definitions of "person with a developmental disability" and "person with a intellectual disability". Adds definitions for "developmental disability" and "intellectual disability".

Amends the State Treasurer Act. Makes a technical change in a Section concerning bond. House Floor Amendment No. 1 Deletes reference to: 15 ILCS 505/1 Adds reference to: 20 ILCS 1305/1-75 new 30 ILCS 105/5.970 new Replaces everything after the enacting clause. Amends the Department of Human Services Act. Provides that the amendatory Act may be referred to as the First Responders Child Care Act. Provides that subject to appropriation, the Department of Human Services shall establish and administer an Off-Hours Child Care Grant Program to provide grants to licensed child care facilities to expand their program of services to include off hours, night, or sleep time child care for first responders and third shift workers who, on account of their work schedule, need child care outside of the hours when licensed child care facilities typically operate. Provides that services funded under the grant program must address the child care needs of first responders. Provides that grants provided under the program may also be used to cover any capital and operating expenses related to the provision of off-hours, night, or sleep time child care for first responders. Requires child care facilities seeking funding under the grant program to apply to the Department in a form and manner prescribed by the Department. Requires the Department to implement the grant program by the date the Child Care Advisory Council submits its final report to the General Assembly as provided under Senate Resolution 862 of the 102nd General Assembly or by December 31, 2022, whichever is earlier. Permits the Department to adopt any rules necessary to implement the program. Defines "first responders" to mean emergency medical services personnel as defined in the Emergency Medical Services (EMS) Systems Act, firefighters, law enforcement officers, and, as determined by the Department, any other workers who, on account of their work schedule, need child care outside of the hours when licensed child care facilities typically operate. Amends the State Finance Act. Creates the Off-Hours Child Care Grant Program Fund as a special fund in the State treasury. Effective immediately. House Floor Amendment No. 2 Deletes reference to: 15 ILCS 505/1 Adds reference to: 20 ILCS 1305/1-75 new 30 ILCS 105/5.970 new Replaces everything after the enacting clause. Amends the Department of Human Services Act. Provides that the amendatory Act may be referred to as the First Responders Child Care Act. Provides that subject to appropriation, the Department of Human Services shall establish and administer an Off-Hours Child Care Program to help first responders and other workers identify and access off-hours, night, or sleep time child care. Provides that services funded under the program must address the child care needs of first responders. Provides that funding provided under the program may also be used to cover any capital and operating expenses related to the provision of off-hours, night, or sleep time child care for first responders. Requires the Department to implement the program by July 1, 2023. Permits the Department to adopt any rules necessary to implement the program. Defines "first responders" to mean emergency medical services personnel as defined in the Emergency Medical Services (EMS) Systems Act, firefighters, law enforcement officers, and, as determined by the Department, any other workers who, on account of their work schedule, need child care outside of the hours when licensed child care facilities typically operate. Amends the State Finance Act. Creates the Off-Hours Child Care Program Fund as a special fund in the State treasury. Effective immediately. House Floor Amendment No. 3 Provides that that amendatory Act shall be referred to as the Off-Hours Child Care Act (rather than the First Responders Child Care Act). In a provision concerning legislative intent, provides that only 435 of the State's group day care homes (rather than group home care programs) provide night care.

Amends the Criminal Identification Act. Provides that notwithstanding a positive test for the presence of cannabis within the petitioner's body from a drug test taken within 30 days before the filing of the petition for expungement or sealing or the failure of the petitioner to take such test, the petitioner may petition for the sealing or expungement of his or her felony records for a violation of the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or the Cannabis Control Act or felony records of a qualified probation for a felony drug offense. Defines "cannabis" and "felony drug offense". House Floor Amendment No. 1 Replaces everything after the enacting clause. Amends the Criminal Identification Act. Provides that, notwithstanding any other provision of law, the court shall not deny a petition for expungement or sealing because the petitioner has submitted a drug test taken within 30 days before the filing of the petition for expungement or sealing that indicates a positive test for the presence of cannabis within the petitioner's body. Defines "cannabis".

Amends the Criminal Code of 2012. Deletes provision that it is an affirmative defense to a charge of solicitation of a sexual act with a person who is under the age of 18 or who is a person with a severe or profound intellectual disability that the accused reasonably believed the person was of the age of 18 years or over or was not a person with a severe or profound intellectual disability at the time of the act giving rise to the charge. Provides that solicitation of a sexual act from a person who is under the age of 18 or whom the solicitor of the sexual act reasonably believes to be under the age of 18 is a Class 4 felony. House Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the bill as introduced but deletes provision that solicitation of a sexual act from a person whom the solicitor of the sexual act reasonably believes to be under the age of 18 is a Class 4 felony.

Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that in order to maximize the accessibility of preventive prenatal and perinatal health care services, the Department of Healthcare and Family Services shall amend its managed care contracts such that an managed care organization must pay for preventive prenatal and perinatal healthcare services rendered by a non-affiliated provider, for which the health plan would pay if rendered by an affiliated provider, at the same rate the Department would pay for such services exclusive of disproportionate share payments and Medicaid percentage adjustments, unless a different rate was agreed upon by the health plan and the non-affiliated provider. Effective January 1, 2023. House Committee Amendment No. 2 Adds reference to: 210 ILCS 170/5 210 ILCS 170/25 Replaces everything after the enacting clause. Reinserts the provisions of the bill as amended by Senate Amendment No. 1 with the following changes. Amends the Birth Center Licensing Act. Provides that a licensed certified professional midwife may attend or be delegated to attend to each person in labor from the time of admission through birth and throughout the immediate postpartum period. Defines "licensed certified professional midwife". Makes a conforming change. Effective January 1, 2023. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes: Further amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that a managed care organization must pay for preventative prenatal services, perinatal healthcare services, and postpartum services rendered by a non-affiliated provider, for which the health plan would pay if rendered by an affiliated provider, at the rate paid (rather than at no less than the rate paid) under the Illinois Medicaid fee-for-service program methodology for such services. Provides that, in cases where a managed care organization must pay for preventive prenatal services, perinatal healthcare services, and postpartum services rendered by a non-affiliated provider, the payment rate requirements under the amendatory Act shall not apply if the services were not emergency services, as defined in a specified provision of the Code, and: (1) the non-affiliated provider is a perinatal hospital and has, within the 12 months preceding the date of service, rejected a contract that was offered in good faith by the health plan as determined by the Department of Healthcare and Family Services; or (2) the health plan has terminated a contract with the non-affiliated provider for cause, and the Department has not deemed the termination to have been without merit. Provides that the Department may deem that a determination for cause has merit if: (i) an institutional provider has repeatedly failed to conduct discharge planning; or (ii) the provider's conduct adversely and substantially impacts the health of Medicaid patients; or (iii) the provider's conduct constitutes fraud, waste, or abuse; or (iv) the provider's conduct violates the code of ethics governing his or her profession. Effective January 1, 2023.