Sen. Jil Tracy

Restores certain provisions of Code of Criminal Procedure of 1963 to the form in which they existed before their amendment by Public Act 101-652 by amendment or reenactment. Retains provisions that crime victims shall be given notice by the State's Attorney's office of the preliminary hearing as required in the Rights of Crime Victims and Witnesses Act and shall be informed of their opportunity at this hearing to obtain an order of protection under the Protective Orders Article of the Code of Criminal Procedure of 1963. Amends the Statute on Statutes to provide that whenever there is a reference in any Act to the term "pretrial release", "denial of pretrial release", "conditions of pretrial release", or "violations of the conditions of pretrial release", the terms shall be construed to mean "bail", "denial of bail", "conditions of bail", or "forfeiture of bail" respectively. Effective immediately.

Amends the School Code. Beginning with the 2022-2023 school year, requires school boards to report, on their school district's website, a list of the learning materials and activities to be used for student instruction during the school year. Requires that the report also include any procedures that are in effect at each school for the documentation, review, or approval of the learning materials and activities used for student instruction. Specifies the minimum information that must be included in the report. Allows a school district to update the report on an ongoing basis, but requires the report to be updated by January 1 and August 1 of each year. Allows a school district to utilize collaborative online document or spreadsheet software to update or make additions to the report. Sets forth other requirements. Effective immediately.

Amends the Illinois Horse Racing Act of 1975. In provisions concerning stallions that qualify for Illinois Standardbred Breeders Fund breeding, removes language requiring the stallion to be owned by a resident of Illinois or a corporation in which all shareholders, directors, officers, and incorporators are residents of Illinois. Removes language prohibiting semen from being transported outside of Illinois. Removes language requiring the stallion's owner to be a resident of Illinois the previous 12 months. Removes language requiring that certain agreements for ownership or transfer of interest in a stallion must restrict ownership or transfer of interest to a resident of Illinois. Effective immediately.

Amends the Workers' Compensation Act. Establishes standards with respect to cannabis for impairment sufficient to bar compensation for injuries to employees who are intoxicated. Provides that the presence of 5 nanograms of tetrahydrocannabinol in the blood or 10 nanograms of tetrahydrocannabinol in other bodily substances shall create a rebuttable presumption that intoxication is the proximate cause of the injury. Contains the statement: "Authorized use may be evidenced only by written consent by the employer to the employee, which consent shall not be unreasonably withheld".

Amends the Public Utilities Act. In a provision concerning abandonment of service, provides for the procedure through which a Small Electing Provider may choose to cease offering or providing a telecommunications service. Defines "Small Electing Provider" as an incumbent local exchange carrier that is an electing provider, and that, together with all of its incumbent local exchange carrier affiliates offering telecommunications services within the State of Illinois, has fewer than 40,000 subscriber access lines as of January 1, 2020. Extends the repeal dates of the Telecommunications Article and the Cable and Video Competition Article from December 31, 2021 to December 31, 2026. Provides that any cable service or video service authorization issued by the Illinois Commerce Commission will expire on December 31, 2029 (rather than December 31, 2024). Effective immediately.

Amends the Nurse Agency Licensing Act. Defines "covenant not to compete". Changes the definition of "Department" to the Department of Public Health (rather than the Department or Labor). Changes the definitions of "health care facility" and "nurse". Provides that in an application for licensure under the Act, a limited liability company can apply, evidence of general professional liability insurance in the amount of at least $1,000,000 (instead of $500,000) is required per incident and $3,000,000 (instead of $1,000,000) in the aggregate is required for workers' compensation coverage, and there is an application fee of $2,000. Provides that collected fees shall be deposited in the State treasury and credited to the Nursing Dedicated and Professional Fund. Provides that for renewal of licensure, the licensee shall submit an attestation detailing the number of contracted shifts, number of shifts missed, and number of shifts fulfilled for the 3 quarters preceding the application. Provides that an application for a license may be denied for failure to develop and implement contingency staffing plans to minimize missed shifts. Provides that nurse agencies who knowingly employ, assign, or refer to a health care facility a nurse or certified nurse aid with an illegally or fraudulently obtained or issued diploma, registration, license, certificate, or background study constitutes negligent hiring and are grounds for suspension, revocation, or refusal to issue or renew a license. Provides that the Department shall establish updated minimum standards. Provides that nurse agencies are prohibited from entering into covenants not to compete with nurses and certified nurse aides. Provides that a nurse agency's maximum rate for services provided to a health care facility by a nurse or certified nurse aide may not exceed 130% of the regional average hourly wage for each staffing position. Provides that the Department shall establish a system of reporting complaints against a health care staffing agency or its employees. Increases the civil penalty for violation of the Act to $10,000 per occurrence (currently $1,000 per day for each violation). Makes other changes. Senate Floor Amendment No. 2 Deletes reference to: 225 ILCS 510/4 from Ch. 111, par. 954 225 ILCS 510/8 from Ch. 111, par. 958 Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following changes: Defines "add-on charges" and "administrative fee". Provides that references to the Department means the Department of Labor (instead of the Department of Public Health). Provides that collected fees shall be used by the Department for the enforcement of the Act (rather than deposited in the State treasury and credited to the Nursing Dedicated and Professional Fund). Provides that prior to employing, assigning, or referring a certified nurse aide to a position at a health care employer or long-term facility, the nurse agency shall review the information provided on the Health Care Worker Registry to verify that the certified nurse aide is not ineligible for the position. Includes additional minimal standards for the operation of nurse agencies. Provides that in the development of rules to monitor usage of nurse agency services, the Department may consult with the Department of Public Health to ensure the rules will determine the quality of care and public health impacts of the usage of nurse agency services. Provides that the nurse agency's administrative fee shall not exceed 50% (instead of 130%) of the hourly wage and any add-ons paid to the employee. Removes provisions that provide that the Department shall use and publish the most current median hourly wage data reported by the United States Department of Labor Bureau of Labor Statistics. Provides that complaints against a nurse agency shall be investigated by the Department (instead of the Department of Public Health). Makes other changes.

Amends the Code of Criminal Procedure of 1963. Provides that the chief judge of the circuit by rule may permit the personal appearance of the defendant by means of two-way audio-visual communication, including closed circuit television and computerized video conference, at a hearing at which no witness testimony will be taken concerning the defendant's fitness to stand trial: (1) 90-day hearings; (2) trials with special provisions and assistance; (3) discharge hearings; and (4) proceedings after acquittal by reason of insanity. Provides that, subject to appropriation, the Department of Human Services and the Administrative Office of the Illinois Courts shall implement a pilot project between the circuit courts in 2 counties and Department of Human Services facilities treating persons unfit to stand trial or not guilty by reason of insanity. Provides that the purpose of the pilot project is to determine the feasibility and desirability of using video conference technology for hearings involving persons who are unfit to stand trial and persons who have been determined not guilty by reason of insanity. Provides that the Department of Human Services and the Administrative Office of the Illinois Courts shall submit a joint report to the General Assembly 6 months after the pilot project between the 2 counties and Department facilities has been operational for at least 2 years. Provides that the report shall: (1) evaluate the effectiveness of the video conference hearing process; and (2) make recommendations concerning the implementation of video conference hearings in all counties. Effective July 1, 2021.

Amends the State Officials and Employees Ethics Act. Makes a technical change in a Section concerning the short title.

Amends the Illinois Vehicle Code. Lowers the flat weight tax for Class C and D vehicles and Class VF farm trucks. Lowers the mileage weight tax for Class MD, ME, MF, and MG vehicles. Lowers the trailer flat weight tax for Class VDD, VDE, and VDG farm trailers. Lowers the flat weight trailer tax of Class TA, TB, TC, TD, and TE trailers.

Proposes to amend the Legislature Article of the Illinois Constitution. Removes the requirement for each Legislative District to be divided into 2 Representative Districts. Modifies provisions concerning legislative redistricting. Provides specified requirements for each Legislative District, Representative District, and Congressional District for redistricting purposes. Replaces the current method of legislative redistricting with a 17-member Commission, appointed by the Chief Justice of the Supreme Court and the most senior Supreme Court Justice of a different political party in accordance with specified criteria. Specifies requirements for the Commission concerning redistricting plans. Adds provisions concerning the membership of the Commission and budgetary matters related to the Commission. Provides the Supreme Court with original and exclusive jurisdiction over redistricting matters. Defines terms. Makes conforming and other changes. Effective upon being declared adopted and applicable to redistricting beginning in 2023 and to the election of General Assembly members beginning in 2024.