Sen. Terri Bryant

Rescinds Illinois' 1863 ratification of the Corwin Amendment to the United States Constitution.

Creates the Licensed Certified Professional Midwife Practice Act. Provides for the licensure of certified professional midwives by the Department of Financial and Professional Regulation and for certain limitations on the activities of licensed certified professional midwives. Creates the Illinois Midwifery Board. Sets forth provisions concerning application; qualifications; exemptions; title protection; informed consent; consultation and referral; grounds for disciplinary action; reporting; and administrative procedures. Amends the Regulatory Sunset Act to set a repeal date for the new Act of January 1, 2032. House Floor Amendment No. 1 Deletes reference to: 5 ILCS 80/4.41 new Adds reference to: New Act 5 ILCS 80/4.37 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: Further amends the Licensed Certified Professional Midwife Practice Act. Creates provisions concerning Social Security Numbers on license applications; inactive status; grounds for disciplinary action; restoration of license; surrender of license; temporary suspension of license; rehearing; administrative review and certification of records; injunctions; investigation, notice, and hearings; hearing reports; hearing officers; motions for rehearing; certification of records by Department of Financial and Professional Regulation; violations; and fees. Make changes in provisions concerning definitions; exemptions; the Illinois Midwifery Board; powers and duties of the Department; licensure; expiration and renewal of licensure; scope of practice; annual reports; and vicarious liability. Further amends the Regulatory Sunset Act. Provides for repeal of the Licensed Certified Professional Midwife Practice Act on January 1, 2027 (rather than January 1, 2032). Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes: Amends the Licensed Certified Professional Midwife Practice Act. In provisions concerning the Illinois Midwifery Board, provides that all board members must be residents of the State. Provides that all board members, except for the public member, must be licensed in good standing and, at the time of appointment, actively engaged in their respective professions. In provisions concerning licensure, provides that applicants have 3 years from the date of application to complete the application process. Makes changes in provisions concerning definitions; Social Security Numbers on license applications; exemptions; informed consent; scope of practice; transfer; annual reports; grounds for disciplinary action; and investigations, notice, and hearings. Removes references to the Disciplinary Board. Adds a January 1, 2022 effective date. Senate Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of the bill as amended by Senate Amendment No. 1 with the following changes: Provides that no physician, nurse, emergency medical personnel, hospital, or other health care institution shall be liable for any act or omission resulting from the provision of services by any licensed certified professional midwife solely on the basis that (rather than even if) the physician, nurse, emergency medical personnel, hospital, or other health care institution has consulted with or accepted a referral from the licensed certified professional midwife. Changes the effective date to October 1, 2022.

Amends the Flag Display Act. Provides for the procedure and the occasions in which the United States national flag shall be flown at half-staff. Defines "half-staff".

Designates Illinois Route 3 in Waterloo from GG Road to Kaskaskia Road as the "Trooper Nick Hopkins Memorial Highway".

Amends the Retailers' Occupation Tax Act. Provides that a "marketplace facilitator" does not include a person licensed under the Auction License Act, except for an Internet auction listing service, as defined in the Auction License Act. Senate Committee Amendment No. 1 Adds reference to: 35 ILCS 120/2-5 35 ILCS 120/3 from Ch. 120, par. 442 35 ILCS 185/5-5 35 ILCS 185/5-25 Replaces everything after the enacting clause. Amends the Retailers' Occupation Tax Act. Provides that, beginning January 1, 2020 and through December 31, 2020, sales of tangible personal property made by a marketplace seller over a marketplace for which tax is due but for which use tax has been collected and remitted to the Department of Revenue by a marketplace facilitator are exempt. Provides that the term "marketplace facilitator" does not include any person licensed under the Auction License Act, other than any person who is an Internet auction listing service. Amends the Leveling the Playing Field for Illinois Retail Act. Provides that certified service providers who collect and remit taxes on behalf of retailers may claim the retailers' discount with respect to those taxes. Provides that the retailer is not entitled to the discount with respect to those taxes. Effective immediately.

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 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.

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 Unified Code of Corrections. Provides that the Department of Corrections shall not make possession of a Firearm Owner's Identification Card a condition of continued employment as a correctional officer if the correctional officer's Firearm Owner's Identification Card is revoked or seized because the correctional officer has been a patient of a mental health facility and the correctional officer has not been determined to pose a clear and present danger to himself, herself, or others as determined by a physician, clinical psychologist, or qualified examiner. Provides that nothing in the new provisions shall otherwise impair the Department's ability to determine a correctional officer's fitness for duty. Provides that a collective bargaining agreement already in effect on this issue on the effective date of the amendatory Act cannot be modified, but on or after the effective date of the amendatory Act, the Department cannot require a Firearm Owner's Identification Card as a condition of continued employment in a collective bargaining agreement. Provides that the Department shall document if and why a correctional officer has been determined to pose a clear and present danger. Defines "mental health facility" and "qualified examiner". House Committee Amendment No. 1 Adds reference to: 430 ILCS 65/8 from Ch. 38, par. 83-8 430 ILCS 65/10 from Ch. 38, par. 83-10 Replaces everything after the enacting clause. Amends the Firearm Owners Identification Card Act. In a provision concerning relief from firearm prohibitions, provides that Department of Corrections employees authorized to possess firearms (in addition to active law enforcement officers) may apply to the Director of State Police requesting relief if certain conditions are met. Makes conforming changes to a provision concerning grounds for denial and revocation. Amends the Unified Code of Corrections. Provides that the Department of Corrections shall not make possession of a Firearm Owner's Identification Card a condition of continued employment as a Department employee authorized to possess firearms if the employee's Firearm Owner's Identification Card is revoked or seized because the employee has been a patient of a mental health facility and the employee has not been determined to pose a clear and present danger to himself, herself, or others as determined by a physician, clinical psychologist, or qualified examiner. Provides that nothing in the new provisions shall otherwise impair the Department's ability to determine an employee's fitness for duty. Provides that a collective bargaining agreement already in effect on this issue on the effective date of the amendatory Act cannot be modified, but on or after the effective date of the amendatory Act, the Department cannot require a Firearm Owner's Identification Card as a condition of continued employment in a collective bargaining agreement. Provides that the Department shall document if and why an employee has been determined to pose a clear and present danger. Defines "mental health facility" and "qualified examiner".

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.