Sen. Rachelle Crowe

Mourns the death of Christian Wolf.

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 Environmental Protection Act. Provides that if demolitions are conducted at coal-fueled power plants, the owner of the coal-fueled power plant shall, at least 60 days before commencing the demolition or as otherwise required, notify the Environmental Protection Agency and the public of the demolition and provide the Agency and the public with copies of plans for the demolition. Contains requirements for the notice. Effective immediately. House Floor Amendment No. 2 Provides that the notice must be provided, where applicable, in both physical and online form in a newspaper of general circulation within 25 miles of where the coal-fueled power plant is located and posted in physical form in 3 prominent public places and, where applicable, posted on a relevant municipal website (rather than must be provided in both physical and online form in local newspapers, where applicable, and municipal buildings and websites). Provides that in the amendatory provisions "public" means the population of a town, village, or city in the State of Illinois that is (rather than a town, village, or municipality) within 25 miles of a coal-fueled power plant at which demolition is to be conducted. Makes other changes.

Amends the Illinois Controlled Substances Act. Provides that a prescriber who is licensed to prescribe controlled substances shall, prior to issuing a prescription for an opioid that is a Schedule II controlled substance, discuss with a patient who is under 18 years of age and is an emancipated minor, or with the patient's parent or guardian if the patient is under 18 years of age and is not an emancipated minor, the risks of developing a physical or psychological dependence on the opioid and, if the prescriber deems it appropriate, any alternative treatments as may be available. Provides that a prescriber who engages in a discussion required under this provision shall include a note in the patient's medical record indicating that the discussion took place. Provides that the discussion required under this provision shall not be required prior to issuing a prescription to any patient who is currently receiving hospice care from a comprehensive hospice licensed under the Hospice Program Licensing Act. Effective immediately. House Floor Amendment No. 1 Replaces everything after the enacting clause. Amends the Illinois Controlled Substances Act. Provides that the Department of Human Services shall develop and make available on its website information on the risks of developing a physical or psychological dependence on opioids and any alternative treatments, including the Opioid Alternative Pilot Program. Provides that the Department shall develop and make available upon request to all prescribers, pharmacists, and patients in the State a pamphlet which explains the risks of developing a physical or psychological dependence on opioids. Provides that this pamphlet may contain any information which the Secretary of the Department deems necessary and may be revised by the Department whenever new information becomes available. Provides that the pamphlet shall be downloadable from the Department's website. Provides that a pharmacist shall, prior to dispensing an opioid that is a Schedule II controlled substance, furnish the pamphlet or information therein developed by the Department and discuss the risks of developing a physical or psychological dependence on opioids. Defines terms. Effective immediately. Senate Committee Amendment No. 1 Adds reference to: 720 ILCS 570/313 from Ch. 56 1/2, par. 1313 Further amends the Illinois Controlled Substances Act. Provides that controlled substances which are lawfully administered in hospitals or institutions licensed under the Hospital Licensing Act shall be exempt from the requirements of a provision concerning the risks of dependence on opioids, except that the prescription for the controlled substance shall be in writing on the patient's record, signed by the prescriber, and dated, and shall state the name and quantity of controlled substances ordered and the quantity actually administered.

Amends the Food Handling Regulation Enforcement Act. In provisions regarding cottage food operations: makes changes to definitions; requires cottage food operations to comply with specified requirements (rather than providing that specified entities may regulate the transaction of food or drink by a cottage food operation if the requirements are met); adds requirements for the sale of low-acid canned foods and fermented or acidified foods; provides that food and drink produced by a cottage food operation shall be sold directly to consumers for their own consumption and not for resale; removes language requiring State-certified local public health departments to regulate the service of food by a cottage food operation and allowing them to require a cottage food operation to submit specified canned foods to a commercial laboratory to verify specified information; requires local health departments to register eligible cottage food operations and issue certificates of registration; adds an exemption for a person who produces or packages a non-potentially hazardous baked good for sale by a religious, charitable, or nonprofit organization for fundraising purposes; preempts home rule; and makes other changes. Repeals provisions regarding home kitchen operations. Senate Committee Amendment No. 1 Deletes reference to: 410 ILCS 625/3.6 rep. Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Restores the definition of "farmers' market". Removes the definition of "hot fill and hold method". Provides that cottage food operations shall not sell or offer to sell low-acid canned foods (rather than listing specified varieties of low-acid canned foods). Provides that, in order to sell a fermented or acidified food, a cottage food operation shall (rather than a local health department may require a cottage food operation to) submit: (1) a recipe meeting specified requirements or (2) an annual written food safety plan and pH tests every 3 years (rather than only a pH test) meeting specified requirements. Provides that a local health department may require a water sample test to verify that the water source being used meets public safety standards related to E. coli coliform (rather than only meets public safety standards). Provides that food packaging may include the designation "Illinois-grown", "Illinois-sourced", or "Illinois farm product" if the products are local farm or food products as defined in specified provisions. Removes the repeal of provisions concerning home kitchen operations. Makes other changes. House Floor Amendment No. 1 Replaces everything after the enacting clause. Amends the Food Handling Regulation Enforcement Act. Removes specified provisions containing requirements for cottage food operations. Contains requirements for cottage food operations that sell fermented or acidified food and baked goods with cheese. Contains requirements for the preparation and packaging of products by a cottage food operation. Provides that food and drink produced by a cottage food operation shall be sold directly to consumers for their own consumption and not for resale. Provides that only food that is non-potentially hazardous may be shipped. Prohibits a cottage food product from being shipped out of State. Requires each cottage food product that is shipped to be sealed in a manner that reveals tampering. Provides that a local health department shall register any eligible cottage food operation that meets the requirements of the provisions and shall issue a certificate of registration with an identifying registration number to each registered cottage food operation. Provides that a local health department may establish a self-certification program for cottage food operators to affirm compliance with applicable laws, rules, and regulations. Provides that registration shall be completed annually and the local health department may impose a fee not to exceed $50. Provides for inspection, fees, and penalties in the event of a consumer complaint or foodborne illness outbreak, an imminent health hazard, or a product that has been found to be misbranded, adulterated, or not in compliance with the conditions for cottage food operations. Provides that a local health department that receives a consumer complaint or a report of foodborne illness related to a cottage food operator in another jurisdiction shall refer the complaint or report to the local health department where the cottage food operator is registered. Contains an exemption from the requirements for a non-potentially hazardous baked good for sale by a religious, charitable, or nonprofit organization for fundraising purposes. Contains a home rule preemption. Contains other provisions. Effective January 1, 2022.

Creates the Privacy of Adult Victims of Criminal Sexual Offenses Act. Defines "adult victim" and "criminal history record information." Provides that notwithstanding any other law to the contrary, inspection and copying of law enforcement records maintained by any law enforcement agency or all circuit court records maintained by any circuit clerk relating to any investigation or proceeding pertaining to a criminal sexual offense, by any person not exempted by this Act, shall be restricted to exclude the identity of the adult victim without a court order. Provides that when a criminal sexual offense is committed or alleged to have been committed by a school district employee or any individual contractually employed by a school district, a copy of the criminal history record information relating to the investigation of the offense or alleged offense shall be transmitted to the superintendent of schools if certain conditions are met. Makes other changes. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the bill as introduced, with the following change: Clarifies language related to restricting the identity of victims of criminal sexual offenses or alleged criminal sexual offenses by providing that such identity shall be restricted unless a court order is issued authorizing the removal of such restriction of a particular case record or particular records of cases maintained by any circuit court clerk. House Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the bill as engrossed, with the following changes: Provides that an advocate and victim's attorney may be exempt from a requirement to exclude a victim's identity in certain records, and removes "parent" from the list of exempt individuals. Provides that a court may for the adult victim's protection and for good cause shown, prohibit any person or agency present in court from further disclosing the adult victim's identity. Provides that a court may prohibit such disclosure only after giving notice and a hearing to all affected parties. Provides that in determining whether to prohibit disclosure of the adult victim's identity the court shall consider: (a) the best interest of the adult victim; and (b) whether such nondisclosure would further a compelling State interest. Provides that the copy of the criminal history record information that is to be provided under a provision concerning criminal sexual offense and school districts shall exclude the identity of the adult victim. Provides that the superintendent shall be restricted from revealing the identity of the adult victim. House Floor Amendment No. 2 Provides that the Attorney General and Assistant Attorneys General may be exempt from a requirement to exclude a victim's identity in certain records.

Amends the Illinois Enterprise Zone Act. With respect to new wind power facilities and Wind Energy Businesses, repeals language providing that (i) the penalties for failure to comply with the Prevailing Wage Act are limited to the penalties identified in the Prevailing Wage Act and (ii) the Department of Commerce and Economic Opportunity may not revoke a High Impact Business designation as a result of the failure to comply with the Prevailing Wage Act. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill. Further amends the Illinois Enterprise Zone Act. Provides that "new wind power facility" includes the replacement of an existing electric generation facility, including the demolition and removal of an electric generation facility irrespective of whether it will be replaced. Provides that a new wind power facility shall be deemed to include any permanent structures associated with the electric generation facility. Effective immediately.

Amends the Illinois Income Tax Act. Provides that a partnership or Subchapter S corporation may elect to pay a tax computed by multiplying the share of business income apportionable to Illinois and nonbusiness income allocated to Illinois that is distributable to each partner or shareholder and multiplied by the applicable rates of tax for that partner or shareholder. Creates a deduction in an amount equal to those amounts. Effective immediately. Senate Committee Amendment No. 1 Adds reference to: 35 ILCS 5/502 from Ch. 120, par. 5-502 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. Provides that the tax imposed under the introduced bill applies for taxable years beginning on or after January 1, 2021. Provides that certain nonresident individuals with no Illinois income tax liability after taking into account the deductions in the amendatory Act are not required to file returns. Makes various technical corrections concerning pass-through entities. Effective immediately. Senate Floor Amendment No. 2 Deletes reference to: 35 ILCS 5/203 from Ch. 120, par. 2-203 35 ILCS 5/502 from Ch. 120, par. 5-502 35 ILCS 5/601 from Ch. 120, par. 6-601 35 ILCS 5/709.5 35 ILCS 5/1501 from Ch. 120, par. 15-1501 Replaces everything after the enacting clause. Reinserts provisions of the introduced bill creating an entity-level tax, but makes certain formatting changes. Provides that the entity-level tax applies for taxable years ending on or after December 31, 2021 and beginning prior to January 1, 2026. Provides that the entity-level tax shall be in an amount equal to 4.95% of the taxpayer's net income for the taxable year. Defines "net income". Provides that a partnership or Subchapter S corporation that elects to pay tax at the entity level is required to pay estimated tax if the amount payable as estimated tax can reasonably be expected to exceed $500. Effective immediately. House Committee Amendment No. 1 Adds reference to: 35 ILCS 5/203 from Ch. 120, par. 2-203 35 ILCS 5/901 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with changes. Provides that provisions concerning pass-through entities apply only with respect to taxable years for which a specified limitation on individual deductions applies under the Internal Revenue Code. Adds a corresponding addition modification. Makes a conforming change with respect to the Local Government Distributive Fund. Effective immediately.

Amends the Criminal Identification Act. Provides that the Illinois State Police and all law enforcement agencies within the State shall automatically expunge all criminal history records of a conviction for felony prostitution committed prior to the effective date of the amendatory Act. Establishes timelines for the automatic expungement of the records based on the date of the creation of the records. Amends the Code of Criminal Procedure of 1963. Provides that a petition for post-conviction relief may be filed by a person confined, or subject to being confined by the State, local, or federal government as a result of a State criminal conviction (rather than only by persons imprisoned in the penitentiary). Strikes a provision concerning expungement procedures for drug tests. Effective immediately. Senate Floor Amendment No. 1 Adds reference to: 725 ILCS 5/122-9 new Deletes a provision providing for the automatic expungement of felony prostitution convictions within a certain time frame. Provides that any individual may at any time institute proceedings under the Post-Conviction Hearing Article of the Code of Criminal Procedure of 1963, notwithstanding that he or she is no longer imprisoned and notwithstanding that his or her liberties are not being currently curtailed by action of the State, if his or her conviction has potential consequences under federal immigration law. Defines "conviction". House Floor Amendment No. 1 Deletes reference to: 725 ILCS 5/122-9 new Adds reference to: 735 ILCS 5/2-1401 from Ch. 110, par. 2-1401 Deletes a new provision added to the Code of Criminal Procedure of 1963 concerning the institution of specified proceedings. Amends the Code of Civil Procedure. In a provision concerning relief from judgments, provides that any individual may at any time file a petition and institute proceedings, if his or her final order or judgment, which was entered based on a plea of guilty or nolo contendere, has potential consequences under federal immigration law. House Floor Amendment No. 2 Reinserts a stricken provision relating to the petitioner passing a drug test.

Amends the Property Tax Code. Provides that for taxable year 2020, the maximum income limitation under the senior citizens assessment freeze homestead exemption is $75,000 for counties with 3,000,000 or more inhabitants (currently, $65,000). Provides that, for taxable year 2021 and thereafter, the maximum income limitation under the senior citizens assessment freeze homestead exemption is $75,000 for all counties (currently, $65,000). Amends the Senior Citizens Real Estate Tax Deferral Act. Provides that the income limitation is $75,000 for tax year 2019 and thereafter. Effective immediately. Senate Committee Amendment No. 1 Removes the effective date from the bill. House Floor Amendment No. 1 Deletes reference to: 35 ILCS 200/15-172 Adds reference to: 320 ILCS 30/3 from Ch. 67 1/2, par. 453 Replaces everything after the enacting clause. Amends the Senior Citizens Real Estate Tax Deferral Act. Provides that the income limitation under the Act is $65,000 for tax years 2022 through 2025 and $55,000 for tax year 2026 and thereafter (currently, $55,000). Provides that, for tax years 2022 through 2025, the total amount of any such deferral shall not exceed $7,500 per taxpayer in each tax year (currently, $5,000). Provides that, beginning again in tax year 2026, the total amount of any such deferral shall not exceed $5,000. Effective immediately.