Sen. Chapin Rose

Creates the Supported Decision-Making Agreement Act. Authorizes the creation of supported decision-making agreements and allows a supporter to assist a principal with an intellectual or developmental disability in accessing, collecting, or obtaining information that is relevant to a decision authorized under the supported decision-making agreement. Provides that all adults are presumed to be capable of making decisions regarding daily living and to have capacity unless otherwise determined by a court. Provides that certain persons are disqualified from acting as a supporter. Provides that a supporter may exercise the authority granted to the supporter in the supported decision-making agreement. Provides for the duties of a supporter in a supported decision-making agreement. Prohibits a supporter from doing certain actions in relation to the principal. Requires 2 or more witnesses to be present and sign and date a supported decision-making agreement. Provides a form for a supported decision-making agreement. Provides that a person is not subject to criminal or civil liability and has not engaged in professional misconduct for an act or omission under certain circumstances. Provides that a decision or request made or communicated with the assistance of a supporter shall be recognized as the decision or request of the principal and may be enforced by the principal or supporter on the same basis as a decision or request of the principal. Provides that if a person who receives a copy or is aware of the existence of a supported decision-making agreement and has cause to believe that the principal is being abused, neglected, or exploited by the supporter, the person shall report the alleged abuse, neglect, or exploitation. Provides that any interested party with a reasonable basis to believe that the supporter is abusing or neglecting the principal shall have the right to petition for the appointment of a limited temporary guardian and a guardian ad litem for the purpose of determining if the support decision-making agreement should be terminated. Provides for the termination of a supported decision-making agreement. Provides that a principal may revoke the supported decision-making agreement and invalidate the supported decision-making agreement at any time. Provides that a supporter may resign by giving notice to the principal. Effective immediately. House Committee Amendment No. 2 Deletes language providing that a person against whom there has been a finding of abuse, neglect, or exploitation of the principal, a child, an elderly individual, or a person with a disability is disqualified from acting as a supporter. Instead disqualifies a person who is listed on the Health Care Worker Registry maintained by the Department of Public Health as ineligible to work. Deletes language providing that a person against whom the principal has obtained an order of protection is disqualified from acting as a supporter. Instead disqualifies an individual who is the subject of a civil or criminal order prohibiting contact with the principal. Deletes language providing that any interested party with a reasonable basis to believe that the supporter is abusing or neglecting the principal shall have the right to petition for the appointment of a limited temporary guardian and a guardian ad litem for the purpose of determining if the support decision-making agreement should be terminated. Senate Committee Amendment No. 1 Allows a supporter in a supported decision-making agreement to ascertain the wishes and decisions of the principal in order to advocate that the wishes and decisions of an individual with disabilities are implemented (rather than "ascertain the wishes and decisions of the principal, assist in communicating those wishes and decisions to other persons, and advocate to ensure that the wishes and decisions of the principal are implemented"). Requires the Guardianship and Advocacy Commission to develop training and education materials for both principals and supporters. Provides that the Act is effective 6 months after becoming law (rather than immediately).

Amends the Counties Code. Provides that, if a majority of the county board, by resolution, declares there to be a conflict of interest between the State's Attorney and the county board, the county board may, for civil matters involving the county board, notify the Attorney General, or hire outside legal counsel, to represent the county board while the conflict of interest remains. Amends the Attorney General Act. Provides that, when notified by a county board that the county board has declared a conflict of interest between the State's Attorney and the county board, the Attorney General, or his or her designee, shall appear for and represent the county board in civil matters involving the county board until such time that the county board notifies the Attorney General that the conflict of interest no longer remains. Effective immediately. Senate Committee Amendment No. 2 Deletes reference to: 15 ILCS 205/4f new Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: provides that the county board must petition the circuit court to authorize the hiring of outside legal counsel to represent the county board while the conflict of interest remains with the State's Attorney; and removes provisions allowing the Attorney General to represent the county board while the conflict of interest remains. Effective immediately. Senate Floor Amendment No. 3 Deletes reference to: 55 ILCS 5/5-1186 new Adds reference to: 55 ILCS 5/3-9008 from Ch. 34, par. 3-9008 Replaces everything after the enacting clause. Amends the Counties Code. The court on its own motion, or an interested person in a cause, proceeding, or other matter, civil or criminal, (rather than only in a cause or proceeding, civil or criminal) may file a petition alleging that the State's Attorney has an actual conflict of interest in the cause or proceeding. Makes conforming changes. House Floor Amendment No. 1 Changes "other matter" to "other matter arising under the State's Attorney's duties". Makes other conforming changes.

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 Illinois Insurance Code. Provides that a group or individual policy of accident and health insurance or managed care plan amended, delivered, issued, or renewed on or after the effective date of the amendatory Act that provides coverage to an Illinois resident shall provide coverage for the treatment, removal, elimination, or maximum feasible treatment of nevus flammeus, also known as port-wine stains, including, but not limited to, port-wine stains caused by Sturge-Weber Syndrome. Provides that no health carrier may reduce or eliminate coverage due to coverage for port-wine stain treatment. Provides that the Director of Insurance shall not approve any rate increases due to coverage for port-wine stain treatment. Provides that no health maintenance organization shall increase rates due to coverage for port-wine stain treatment. Makes conforming changes in the State Employees Group Insurance Act of 1971, the Counties Code, the Illinois Municipal Code, the School Code, the Health Maintenance Organization Act, the Limited Health Service Organization Act, the Voluntary Health Services Plans Act, and the Illinois Public Aid Code. Senate Committee Amendment No. 2 Replaces everything after the enacting clause. Amends the Illinois Insurance Code. Provides that a group or individual policy of accident and health insurance or managed care plan amended, delivered, issued, or renewed on or after January 1, 2022 shall provide coverage for treatment to eliminate or provide maximum feasible treatment of nevus flammeus, also known as port-wine stains, including, but not limited to, port-wine stains caused by Sturge-Weber syndrome. Provides that treatment or maximum feasible treatment shall include early intervention treatment, including topical, intralesional, or systemic medical therapy and surgery, and laser treatments approved by the U.S. Food and Drug Administration in children aged 18 years and younger that are intended to prevent functional impairment related to vision function, oral function, inflammation, bleeding, infection, and other medical complications associated with port-wine stains. Provides that the coverage for port-wine stain treatment shall not include treatment solely for cosmetic purposes. Makes conforming changes in the State Employees Group Insurance Act of 1971, the Counties Code, the Illinois Municipal Code, the School Code, the Health Maintenance Organization Act, the Limited Health Service Organization Act, the Voluntary Health Services Plans Act, and the Illinois Public Aid Code.

Amends the Unified Code of Corrections. Provides that if the court finds that an offender sentenced to a term of imprisonment for a felony meets the eligibility requirements of the Department of Corrections, the court may in its sentencing order approve the offender for placement in the impact incarceration program and the Department shall accept the offender in the program (rather than the Department must consent to the offender's acceptance in the program). House Floor Amendment No. 2 Replaces everything after the enacting clause. Amends the Unified Code of Corrections. In a provision concerning impact incarceration, deletes references to "incarceration". Provides that to participate in the program, the person must be physically able to participate in physical activities (rather than strenuous physical activities or labor). Provides that the program shall include community service activities, cognitive behavioral programming, life skills, and reentry planning, in addition to other requirements. Deletes certain program requirements including mandatory physical training and labor, military formation and drills, regimented activities, and uniformity of dress and appearance. Extends the participation period from a range of 120 to 180 days to a range of one year to 18 months. Provides that a committed person shall not have the time required to successfully complete the program extended beyond the maximum 18 month period of participation. Provides that the Department of Corrections shall advocate for the impact program and the Department may identify candidates for participation in the program that were not previously recommended and formally submit the names to the State's Attorney of the committing county.

Amends the Illinois Domestic Violence Act of 1986. Provides that the Supreme Court may implement a program to issue a Hope Card to the petitioner of a plenary order of protection for the petitioner to distribute to any individual who may need to be aware of the order. Adds provisions concerning the design and details of a Hope Card. Provides that a Hope Card shall have the same effect as the underlying plenary order of protection. Provides that the program may provide for the issuance of a temporary Hope Card at the time of the entry of the plenary order of protection. Provides that the first Hope Card shall be free, and the Supreme Court may establish a fee for any additional Hope Card, not to exceed $7 per Hope Card. Makes a corresponding change. House Committee Amendment No. 1 Provides that the Supreme Court shall (rather than may) implement a program to issue a Hope Card to the petitioner of a plenary order of protection. Provides that 3 three Hope Cards per protected party (rather than the first Hope Card) issued shall be free. Allows the Supreme Court to establish a fee for any additional Hope Card, not to exceed $5 (rather than $7) per Hope Card. House Floor Amendment No. 2 Replaces everything after the enacting clause with the contents of the introduced bill and House Amendment No. 1, but provides that the Supreme Court may (rather than shall) implement a program to issue a Hope Card to the petitioner of a plenary order of protection.

Amends the Illinois Vehicle Code. Provides that a school bus may be equipped with an arm extension attached to the stop signal arm that may not extend more than 36 inches past the outermost part of the stop sign, may not exceed 4 inches wide, shall be made of aluminum or a polycarbonate material, shall be illuminated in red on both sides, and may not change the integrity of the school bus. Provides that, if a school bus is equipped with an additional stop signal arm on the rear of the bus, an arm extension may be attached, but it may not extend more than 12 inches past the outermost part of the rear stop sign. House Floor Amendment No. 1 Deletes reference to: 625 ILCS 5/12-803 Adds reference to: 625 ILCS 5/12-812 from Ch. 95 1/2, par. 12-812 625 ILCS 5/15-102 from Ch. 95 1/2, par. 15-102 Replaces everything after the enacting clause. Amends the Article of the Illinois Vehicle Code concerning special equipment for school buses. Provides that the Department of Transportation may establish by rule a pilot program to permit the testing of safety equipment not otherwise prohibited by State or federal law. Provides that certain safety equipment for school buses identified by the Department of Transportation shall not be deemed a violation of provisions governing width restrictions.

Creates the Illinois Amateur Sports Commission Act. Provides that the purpose of the Commission is to research, study, and to make recommendations to the Governor and the General Assembly about the promotion, development, expansion, and fostering of amateur sports, amateur sports programs, and amateur sporting events throughout the State. Sets forth the areas of study that the Commission must examine. Sets forth the membership of the Commission. Contains provisions concerning meetings and reporting. Effective immediately. House Floor Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. Changes the name of the Illinois Amateur Sports Commission to the Illinois Commission on Amateur Sports. Provides that the purpose of the Commission includes making recommendations to the Governor, the General Assembly, and the Department of Commerce and Economic Opportunity about the promotion, development, expansion, hosting, and fostering of amateur sports, amateur sports programs, and amateur sporting events and tournaments throughout the State. Provides that the recommendations reported by the Commission shall include, among other objectives, to support and encourage the development of sports tourism. Expands the membership of the Commission to include a representative of the Illinois Council of Convention and Visitor Bureaus or any other similar State-certified entity. Makes conforming changes. House Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of the bill as amended by House Amendment No. 1 with changes. Provides that the Commission shall meet initially within 90 days (rather than 30 days) after the effective date of the Act. Provides that the Commission is dissolved and the Act is repealed on January 1, 2026.

Amends the Eminent Domain Act. Provides that quick-take proceedings may be used for a period of no more than 2 years after the effective date by Moultrie County for the acquisition of certain described property for the purpose of replacing a structure and constructing an associated roadway on Township Road 185A. Effective immediately.

Amends the Downstate Teacher Article of the Illinois Pension Code. Allows a member to establish optional credit for up to 2 years of service as a teacher or administrator employed by a private school recognized by the Illinois State Board of Education, provided that the teacher (i) was certified under the law governing the certification of teachers at the time the service was rendered, (ii) applies in writing on or before June 30, 2023, (iii) supplies satisfactory evidence of the employment, (iv) completes at least 10 years of contributing service as a teacher, and (v) pays the required contribution. Effective immediately. House Floor Amendment No. 2 Adds reference to: 40 ILCS 5/16-158 from Ch. 108 1/2, par. 16-158 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Further amends the Downstate Teacher Article of the Illinois Pension Code. In a provision that requires an employer to make an additional contribution to the System for certain salary increases greater than 6%, excludes salary increases resulting from teaching summer school on or after May 1, 2021 and before September 15, 2022. Effective immediately. Pension Note, House Floor Amendment No. 2 (Government Forecasting & Accountability) SB 1646, as amended by HA 2, would reopen a window for teachers to apply for optional service credit for work done in approved private schools as teachers and administrators. The Teachers' Retirement System reports having 3,463 members who have applied for this private school credit in previous window openings, as described below. TRS estimates that the fiscal impact of this bill would be low, as the member must pay both the member and employer contributions, plus the actuarially assumed rate of interest to take advantage of this credit. The fiscal impact to TRS as a result of exempting summer school teaching from the 6% Final Average Salary Cap is unknown, as it is not known how many teachers would accrue pensionable salary in excess of 6% from the previous school year with the same employer via summer school teaching rendered between May 1, 2021 and September 15, 2022. Fiscal Note, House Floor Amendment No. 2 (Teachers Retirement System) Actuarial cost impact. SB 1646 as amended would have an unknown impact to TRS. Changes allowing optional service purchase under the bill are designed to be fully paid for by the related member contributions. Changes in required school district contributions would likely create some additional cost to the State of Illinois, but the total cost cannot be calculated without knowing the actual behavior of individual school districts and employees. Administrative cost impact. Administering the provisions of this bill would not increase the administrative costs ofTRS.