Sen. Christopher Belt

Amends the ID/DD Community Care Act. Provides that the Department of Public Health shall require licensees to submit an annual report to the Department that includes specified data. Amends the Community-Integrated Living Arrangements Licensure and Certification Act. Provides that, as a condition of being licensed by the Department of Human Services as a community mental health or developmental services agency under the Act, the agency shall (1) certify to the Department that all funds legislatively or administratively earmarked for employee wage increase are passed through in their entirety to workers pursuant to legislative or administrative directives and (2) submit an annual report to the Department that includes specified data. Makes other changes. House Floor Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Provides that information regarding the race, gender, and ethnicity of frontline, nonexecutive employees shall be reported in aggregate in a manner prescribed by the Department of Public Health. Requires community mental health or developmental services agencies licensed under the Act to certify to the Department that, when legislative or administrative action directs that funding should be passed through to employees, all such funds are passed through in their entirety to employees in accordance with the legislative or administrative directive (rather than certify that all funds legislatively or administratively earmarked for employee wage increase are passed through in their entirety to workers pursuant to legislative or administrative directives). Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the ID/DD Community Care Act. Requires the Department of Public Health to require a licensee to submit an annual report to the Department certifying that all legislatively or administratively mandated wage increases to benefit workers are passed through in accordance with the legislative or administrative mandate. Provides that failure to report the information shall result in appropriate enforcement action by the Department. Requires the Department to determine the manner and form of the report. Amends the Community-Integrated Living Arrangements Licensure and Certification Act. Requires each developmental services agency licensed under the Act to submit an annual report to the Department of Human Services, as a contractual requirement between the Department and the developmental services agency, certifying that all legislatively or administratively mandated wage increases to benefit workers are passed through in accordance with the legislative or administrative mandate. Requires the Department to determine the manner and form of the annual report.

Creates the Music Therapy Licensing and Practice Act. Provides for licensure of professional music therapists and clinical music therapists by the Department of Financial and Professional Regulation. Establishes the Music Therapy Advisory Committee. Establishes the powers and duties of the advisory committee, including advising the Department on all matters pertaining to licensure, education, and continuing education requirements for licensees. Establishes the powers and duties of the Department, including prescribing rules defining what constitutes an appropriate curriculum for music therapy, reviewing the qualifications of applicants for licenses, investigating alleged violations of the Act, conducting hearings on disciplinary and other matters, and establishing a schedule of fees for the administration and enforcement of the Act. Establishes qualifications for licensure as a professional music therapist and clinical music therapist. Establishes grounds for discipline of a license. Provides for civil and criminal penalties for violations of the Act. Creates provisions concerning formal hearings, including transcripts of proceedings, appointment of hearing officers, subpoenas and depositions, and rehearings. Provides for judicial review of all final administrative decisions of the Department. Preempts home rule. Effective immediately. Senate Committee Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: Removes all references to licensed clinical music therapists. Changes references to the "Music Therapy Advisory Committee" and "Advisory Committee" to "Music Therapy Advisory Board" and "Advisory Board". Changes the definition of "music therapy". Adds provisions concerning applicants' and licensees' addresses of record and email addresses of record. Makes changes concerning composition and powers and duties of the Music Therapy Advisory Board. Makes changes in provisions concerning exemptions from the Act, collaboration with audiologists and speech-language pathologists, the practice of psychotherapy by licensed music therapists, the powers and duties of the Department of Financial and Professional Regulation, qualifications for licensure, license renewal, grounds for discipline, violations, investigations, hearings, and findings. Removes provisions concerning restrictions and limitations. Makes other changes. Effective immediately. Senate Floor Amendment No. 3 Replaces everything after the enacting clause. Reinserts the provisions of Senate Amendment No. 2 with the following changes. Provides that "music therapy intervention" as defined occurs during a therapist-client relationship and includes collaborating with and educating the client and the family, caregiver of the client, or any other appropriate person regarding the needs of the client that are being addressed in music therapy and the manner in which the music therapy treatment addresses those needs in compliance with state and federal law. Provides that the Music Therapy Advisory Board shall advise the Department of Financial and Professional Regulation on all matters pertaining to disciplinary actions for practice of music therapy in the State. Removes a provision that provides that nothing in the Act may be construed to prohibit the practice of a person whose training and national certification attests to the individual's preparation and ability to practice the individual's certified profession or occupation. Provides that the Secretary of Financial and Professional Regulation shall issue a license to an applicant for a professional music therapist license if the applicant is of good moral character. Provides that in determining moral character under the provisions of qualifications for licensure, the Department may take into consideration whether the applicant has engaged in conduct which would constitute grounds for discipline under the Act. Removes as a ground for discipline the failure to file a return, or to pay the tax, penalty, or interest shown in a filed return, or to pay any final assessment of tax, penalty, or interest, as required by a tax Act administered by the Department of Revenue. Adds that whenever the Secretary believes substantial justice (rather than only justice) has not been done in the revocation, suspension, or refusal to issue or renew a license or the discipline of a licensee, the Secretary may order a rehearing. Removes provisions concerning: the suspension of a license for failure to pay restitution; the surrender of a license; and any conflict with the Act and any other law. Makes other and conforming changes. House Floor Amendment No. 1 Adds reference to: 5 ILCS 80/4.38 Repeals the Music Therapy Licensing and Practice Act on January 1, 2028.

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 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.

Creates the Children's Mental Health Council Act. Creates the Children's Mental Health Council. Requires the Council to conduct at least 4 meeting each year, research and provide recommendations for the General Assembly on children with mental and behavioral disabilities and residential placements around the State and out of state, research and provide recommendations on how State agencies will be able to provide emergency placement for children with disabilities, research and provide recommendations on expanding residential beds and increasing the workforce, and review and provide recommendations for the General Assembly, State Board of Education, Department of Children and Family Services, Department of Healthcare and Family Services, Department of Juvenile Justice, and any other agency that is involved in the process of the placement of a child. Provides guidelines for appointing members. Provides terms for members appointed by the Governor. Provides that the State Board of Education shall provide administrative support. Provides that the Council shall prepare and deliver annual reports to the General Assembly, the Governor, and certain State agencies with any recommendations for legislation and any additional recommendations regarding children's mental and behavioral health. Provides that the Act is repealed on January 1, 2032. Effective immediately. Senate Floor Amendment No. 2 Deletes reference to: New Act Adds reference to: 405 ILCS 49/5 Replaces everything after the enacting clause. Amends the Children's Mental Health Act of 2003. Adds a requirement that the Children's Mental Health Plan include recommendations on how to more effectively meet the emergency and residential placement needs for all children with severe mental and behavioral challenges. Adds representatives of community mental health provider trade organizations to the group of representatives to the Children's Mental Health Partnership that are appointed by the Governor. Provides that the annual report will be delivered to the Governor and the General Assembly (currently, only the Governor). House Floor Amendment No. 5 Adds reference to: 405 ILCS 49/1 Replaces everything after the enacting clause. Amends the Children's Mental Health Act of 2003. Changes the title of the Act to the "Children's Mental Health Act". Provides that the Children's Mental Health Partnership shall advise the State of Illinois on designing and implementing short-term and long-term strategies to provide comprehensive and coordinated services for children from birth to age 25 and their families with the goal of addressing children's mental health needs across a full continuum of care. Provides that the Partnership shall have the responsibility of developing and updating the Children's Mental Health Plan and advising the relevant State agencies on implementation of the Plan (instead of developing and monitoring the implementation of the Plan as approved by the Governor). Removes provisions concerning development of previous Plans. Provides for the powers and duties of the Partnership. Provides that the Partnership shall submit: an annual report to the Governor and the General Assembly on the progress of the Plans; recommendations regarding State policies, laws, or rules necessary to fulfill the purposes of the Act; and any additional recommendations regarding mental or behavioral health that the Partnership deems necessary. Provides that the Department of Healthcare and Family Services shall provide technical and administrative support for the Partnership. Effective January 1, 2023. House Floor Amendment No. 6 Provides that a representative of a statewide organization representing pediatricians shall also be included as one of the required public representatives of the Partnership appointed by the Governor.

Amends the Illinois Marriage and Dissolution of Marriage Act. Deletes language providing that: all counseling sessions shall be confidential; and communications in counseling shall not be used in any manner in litigation nor relied upon by any expert appointed by the court or retained by any party. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following change: Provides that court-ordered counseling is subject to the Mental Health and Developmental Disabilities Confidentiality Act and the federal Health Insurance Portability and Accountability Act of 1996. Effective immediately. House Committee Amendment No. 1 Deletes reference to: 750 ILCS 5/607.6 Adds reference to: 750 ILCS 5/103 from Ch. 40, par. 103 Replaces everything after the enacting clause. Amends the Illinois Marriage and Dissolution of Marriage Act. Makes a technical change in a Section concerning jury trials. House Floor Amendment No. 2 Deletes reference to: 750 ILCS 5/103 from Ch. 40, par. 103 Adds reference to: 430 ILCS 65/1.1 from Ch. 38, par. 83-1.1 725 ILCS 5/112A-4.5 725 ILCS 5/112A-23 from Ch. 38, par. 112A-23 725 ILCS 5/112A-28 from Ch. 38, par. 112A-28 750 ILCS 60/222.5 750 ILCS 60/223 from Ch. 40, par. 2312-23 750 ILCS 60/302 from Ch. 40, par. 2313-2 820 ILCS 180/20 820 ILCS 180/30 Replaces everything after the enacting clause. Amends the Firearm Owners Identification Card Act. Changes the definition of "protective order" to include substantially similar protective orders issued by the court of another state, tribe, or United States territory or military tribunal. Amends the Code of Criminal Procedure of 1963. Provides that a petition for a civil no contact order or a petition for a stalking no contact order may be filed by a service member of the Illinois National Guard or any reserve military component serving within the State who is a victim of non-consensual sexual conduct who has also received a Military Protective Order or the Staff Judge Advocate of the Illinois National Guard or any reserve military component serving in the State on behalf of a named victim who is a victim of non-consensual sexual conduct who has also received a Military Protective Order. Amends the Illinois Domestic Violence Act of 1986. Requires the Illinois National Guard to file a certified copy of any military order of protection with the clerk of the court in a judicial circuit in which the person entitled to protection resides or if the person entitled to protection is not a State resident, in a judicial circuit in which it is believed that enforcement may be necessary. Amends the Victims' Economic Security and Safety Act. Provides that an employer shall not fail to hire, refuse to hire, discharge, constructively discharge, or harass any individual, otherwise discriminate against any individual with respect to the compensation, terms, conditions, or privileges of employment of the individual, or retaliate against an individual in any form or manner, and a public agency shall not deny, reduce, or terminate the benefits of, otherwise sanction, or harass any individual, otherwise discriminate against any individual with respect to the amount, terms, or conditions of public assistance of the individual, or retaliate against an individual in any form or manner, because the individual involved attended, participated in, prepared for, requested leave to attend, participate in, or prepare for a court-martial or nonjudicial punishment proceeding pursuant to the Uniform Code of Military Justice relating to an incident of domestic violence, sexual violence, gender violence, or any criminal violence of which the individual or a family or household member of the individual was a victim, or requested or took leave for any other reason. Effective immediately.

Amends the Homelessness Prevention Act. Provides that the Department of Human Services shall be mindful of preventing undue administrative burden in the application process for individual tenants in applying for assistance. Provides that program staff shall endeavor to lessen any administrative burden on landlords receiving assistance payments. Amends the Eviction Article of the Code of Civil Procedure. Provides that a defendant shall have an affirmative defense to any action where the plaintiff has made a demand for possession that is based on unpaid rent regardless of whether the owner has joined in the action a claim for rent if the defendant, a social services agency, or a government agency offered the owner an application for emergency housing assistance and the owner refused to complete the process to obtain the emergency housing assistance and the defendant would have been eligible for the emergency housing assistance program. Provides that the owner may overcome the affirmative defense only if the court makes a finding that the application for emergency housing assistance would impose a significant administrative burden on the owner. Amends the Illinois Human Rights Act. Defines "source of income". Provides that if a landlord requires that a prospective tenant or current tenant have a certain threshold level of income, then the landlord shall subtract any source of income in the form of a rent voucher or subsidy from the total of the monthly rent prior to calculating if the income criteria have been met. Provides that a landlord shall not apply an income or asset requirement to a tenant with a non-wage source of income that the landlord does not apply to all tenants. Provides that if an income or asset requirement serves to generally exclude participants in a housing or benefits program, that requirement shall be considered presumptively discriminatory. Makes other changes. Fiscal Note (Dept. of Human Services) HB 2775 does not have a fiscal impact to the Department of Human Services. Housing Affordability Impact Note (Housing Development Authority) This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence. Senate Committee Amendment No. 1 Deletes reference to: 310 ILCS 70/4 from Ch. 67 1/2, par. 1304 310 ILCS 70/10 from Ch. 67 1/2, par. 1310 735 ILCS 5/9-106.4 new 775 ILCS 5/3-102.2 new 775 ILCS 5/8B-104 from Ch. 68, par. 8B-104 Replaces everything after the enacting clause. Amends the Illinois Human Rights Act. Declares that it is the public policy of the State to prevent discrimination based on source of income in real estate transactions. Defines "source of income" as the lawful manner by which an individual supports himself or herself and his or her dependents. Provides that it is a civil rights violation for various people to participate in specified discriminatory actions related to real estate transactions because of an individual's source of income.

Amends Public Act 102-466 to change the effective date of certain provisions. Amends the School Code. Makes changes concerning State Board of Education reporting, references to the Certification of Teachers Article and certification, reporting attacks on school personnel, the Annual State Report on Special Education Performance, the High-Cost Special Education Funding Commission, the evidence-based funding formula, a part-time provisional career and technical educator endorsement or a provisional career and technical educator endorsement on an educator license with stipulations, the heroin and opioid drug prevention pilot program, the Emotional Intelligence and Social and Emotional Learning Task Force, and the limitation on noninstructional costs in the Chicago school district. Repeals provisions concerning the Downstate School Finance Authority for Elementary Districts Law, an alternative education program audit adjustment prohibition, high-skilled manufacturing teaching resources, entrepreneurial skills teaching resources, a job training program prohibition, the Giant Steps Autism Center for Excellence pilot program, fast growth grants, and the Alternative Route to Administrative Certification for National Board Certified Teachers. Amends the School Safety Drill Act. Adds a charter school authorized by the State Board of Education and a special education cooperative to the definition of "school" and requires a charter school to have threat assessment procedures. Amends the Property Tax Code, Illinois Pension Code, and Illinois Educational Labor Relations Act to make related changes. Amends the College and Career Success for All Students Act to make a technical change. Effective immediately. Senate Committee Amendment No. 1 Adds reference to: 105 ILCS 5/27-23.7 Further amends the School Code. Provides that the State Board of Education shall review each school district, charter school, or non-public, non-sectarian elementary or secondary school's filled policy on bullying by September 30 of the subject year. Provides that if a school fails to file a policy by September 30, then the State Board of Education shall provide a written request for the school to file the policy. Provides that if a school fails to file a policy after receiving a written request, then the State Board of Education shall publish notice of the non-compliance on the State Board of Education's website.

Amends the Public Utilities Act. In provisions concerning an application for a certificate of public convenience and necessity, provides that the Illinois Commerce Commission shall notify each owner of record of land included in a right-of-way over which the utility seeks in its application to construct a high-voltage electric line of the time and place scheduled for the initial hearing on the public utility's application by certified mail (rather than registered mail). Senate Floor Amendment No. 2 Deletes reference to: 220 ILCS 5/8-406 220 ILCS 5/8-406.1 Adds reference to: 720 ILCS 5/24-5.1 new Replaces everything after the enacting clause. Amends the Criminal Code of 2012. Provides that it shall be unlawful for any person to knowingly sell, offer to sell, or transfer an unserialized unfinished frame or receiver or unserialized firearm, including those produced using a three-dimensional printer, unless the party purchasing or receiving the unfinished frame or receiver or unserialized firearm is a federal firearms importer, federal firearms manufacturer, or federal firearms dealer. Provides that 180 days after the effective date of the amendatory Act, it shall be unlawful for any person to knowingly possess, transport, or receive an unfinished frame or receiver, unless: (A) the party possessing or receiving the unfinished frame or receiver is a federal firearms importer or federal firearms manufacturer; (B) the unfinished frame or receiver is possessed or transported by a person for transfer to a federal firearms importer or federal firearms manufacturer; or (C) the unfinished frame or receiver has been imprinted with a serial number issued by a federal firearms importer or federal firearms manufacturer as specified. Provides that 180 days after the effective date of the amendatory Act, unless the party receiving the firearm is a federal firearms importer or federal firearms manufacturer, it shall be unlawful for any person to knowingly possess, purchase, transport, or receive a firearm that is not imprinted with a serial number by (1) a federal firearms importer or federal firearms manufacturer in compliance with all federal laws and regulations regulating the manufacture and import of firearms or (2) a federal firearms manufacturer, federal firearms dealer, or other federal licensee authorized to provide marking services in compliance with the unserialized firearm serialization process. Specifies requirements for the firearm serialization process. Requires the Director of the Illinois State Police to issue a public notice regarding the provisions concerning serialization of unfinished frames or receivers, prohibition on unserialized firearms, exceptions, and penalties within 30 days after the effective date of the amendatory Act. Provides exemptions and establishes penalties for violations. Effective immediately.

Amends the evidence-based funding provisions of the School Code. Makes changes concerning how an organizational unit's adjusted equalized assessed valuation is calculated.