Sen. Sara Feigenholtz

Amends the Child Care Act of 1969. Provides that "foster family home" means a facility for child care in residences of families who receive no more than 6 (rather than 8) children unrelated to them, unless all the children are of common parentage, or residences of relatives who receive no more than 6 related children placed by the Department of Children and Family Services, unless the children are of common parentage, for the purpose of providing family care and training for the children on a full-time basis, except the Director of Children and Family Services, pursuant to Department regulations, may waive the numerical limitation of foster children who may be cared for in a foster family home for any of the following reasons to allow: (1) a parenting youth in foster care to remain with the child of the parenting youth; (2) siblings to remain together; (3) a child with an established meaningful relationship with the family to remain with the family; or (4) a family with special training or skills to provide care to a child who has a severe disability. Amends the Juvenile Court Act of 1987. Provides that within 35 days after placing a child in its care in a qualified residential treatment program, as defined by the federal Social Security Act, the Department shall file a written report with the court and send copies of the report to all parties. Provides that within 20 days of the filing of the report, the court shall hold a hearing to consider the Department's report and determine whether placement of the child in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment and if the placement is consistent with the short-term and long-term goals for the child, as specified in the permanency plan for the child. Makes other changes. Effective October 1, 2019. House Committee Amendment No. 1 Adds reference to: 225 ILCS 10/4 from Ch. 23, par. 2214 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill. Further amends the Child Care Act of 1969. Provides that an application to operate a foster family home shall include the name and address of at least one relative who can attest to the applicant's capability to care for the child or children. Effective July 1, 2019, except the Juvenile Court Act of 1987 provisions of the bill are effective October 1, 2019.

Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that a child shall continue to be eligible for an Individual Care Grant if the child is placed in the guardianship of the Department of Children and Family Services under the Juvenile Court Act of 1987 because the child requires care in a residential treatment facility and an application for the Family Support Program was pending with the Department Healthcare and Family Services or an active application was being reviewed by the Department when the guardianship order was entered. Provides that any minor who is placed in the guardianship of the Department of Children and Family Services under the Act while an application for the Family Support Program was pending with the Department of Healthcare and Family Services or an active application was being reviewed by the Department of Healthcare and Family Services shall continue to be considered eligible for services if all other eligibility criteria are met. Provides that the court shall conduct a hearing within 14 days upon notification to all parties that an application for the Family Support Program services has been approved and services are available. Makes other changes. Effective immediately. House Committee Amendment No. 1 Adds reference to: 705 ILCS 405/2-31 from Ch. 37, par. 802-31 705 ILCS 405/2-33 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill. Further amends the Juvenile Court Act of 1987. Provides that wardship concerning neglected, abused, and dependent minors terminates at 21 years of age rather than 19 years of age. Provides that a provision providing the wardship of the minor and any custodianship or guardianship respecting the minor for whom a petition was filed automatically terminates when the minor attains the age of 19 years becomes inoperative on and after the effective date of the amendatory Act. Provides that notwithstanding any provision of law to the contrary, the changes made by the amendatory Act apply to all cases that are pending on or after the effective date of the amendatory Act. Provides that when terminating wardship, if the minor is over 18, or if wardship is terminated in conjunction with an order partially or completely emancipating the minor in accordance with the Emancipation of Minors Act, the court shall also consider the following factors, in addition to the health, safety, and best interest of the minor and the public: (1) the minor's wishes regarding case closure; (2) the manner in which the minor will maintain independence without services from the Department of Children and Family Services; (3) the minor's engagement in services including placement offered by the Department; (4) if the minor is not engaged the Department's efforts to engage the minor; (5) the nature of communication between the minor and the Department; (6) the minor's involvement in other State systems or services; (7) the minor's connections with family and other community support; and (8) any other factor the court deems relevant. Effective immediately.

Amends the Critical Health Problems and Comprehensive Health Education Act to require the instruction on mental health and illness to evaluate the multiple dimensions of health by reviewing the relationship between physical and mental health so as to enhance student understanding, attitudes, and behaviors that promote health, well-being, and human dignity.

Directs the Auditor General to conduct a performance audit of the Department of Children and Family Services to review and assess the Department's ability to meet the placement needs of the children in its custody and compliance with its obligations to place children in its care in placements consistent with their best interests, and to make recommendations regarding how the Department can develop a responsive behavioral health continuum of care process that produces good outcomes for children and families in Illinois.

Urges an investment of $1 billion by the State for affordable housing to be included in the next capital budget.

Urges the Department of Health and Human Services to overturn 84 FR 7714, which would render clinics that perform abortion services to be ineligible for Title X funding and not allow doctors to give referrals for abortion services.

Amends the Pawnbroker Regulation Act. Removes language providing that when a person is found to be the owner of stolen property that has been pawned, the property shall be returned to the owner without payment of money advanced to the pawnbroker or any costs or charges. Provides that stolen property subject to a hold order shall be returned to the owner without the payment. Provides that when a hold order expires, title to the property shall vest in the pawnbroker. Provides that a hold order must specify certain information concerning the criminal investigation and property subject to the hold order. Sets forth the requirements for the contents of the hold order. Provides that a pawnbroker or its representative must sign and date a copy of a hold order as evidence of receipt of the hold order and the beginning of the 90-day hold period. House Committee Amendment No. 1 Deletes reference to: 205 ILCS 510/9 Replaces everything after the enacting clause. Inserts the contents of the introduced bill, but deletes the elimination of the requirement that pawned stolen property be returned to its owner without payment of costs or charges imposed by the pawnbroker or money advanced by the pawnbroker. Deletes provisions regarding the ownership of property upon expiration of hold orders. Adds a provision reiterating the obligations of a pawnbroker with respect to the owner of pawned property. Provides for a 120-day, rather than a 90-day, holding period beginning when a hold order is signed. Senate Floor Amendment No. 2 Deletes reference to: 205 ILCS 510/12 Adds reference to: New Act 5 ILCS 100/5-45 from Ch. 127, par. 1005-45 5 ILCS 140/7.5 20 ILCS 2505/2505-210 was 20 ILCS 2505/39c-1 20 ILCS 2630/5.2 30 ILCS 105/5.891 new 30 ILCS 105/5.892 new 30 ILCS 105/5.893 new 30 ILCS 105/ 5.894 new 30 ILCS 105/6z-107 new 30 ILCS 500/1-10 35 ILCS 105/9 from Ch. 120, par. 439.9 35 ILCS 110/9 from Ch. 120, par. 439.39 35 ILCS 115/9 from Ch. 120, par. 439.109 35 ILCS 120/3 from Ch. 120, par. 442 35 ILCS 520/Act rep. 50 ILCS 705/9 from Ch. 85, par. 509 50 ILCS 705/10.12 55 ILCS 5/5-1006.8 new 55 ILCS 5/5-1009 from Ch. 34, par. 5-1009 65 ILCS 5/8-11-6a from Ch. 24, par. 8-11-6a 65 ILCS 5/8-11-22 new 205 ILCS 5/48 205 ILCS 305/8 from Ch. 17, par. 4409 410 ILCS 130/210 625 ILCS 5/2-118.2 625 ILCS 5/11-501.2 from Ch. 95 1/2, par. 11-501.2 625 ILCS 5/11-501.9 625 ILCS 5/11-501.10 new 625 ILCS 5/11-502.1 625 ILCS 5/11-502.15 new 705 ILCS 405/5-401 720 ILCS 550/4 from Ch. 56 1/2, par. 704 720 ILCS 550/5 from Ch. 56 1/2, par. 705 720 ILCS 550/5.1 from Ch. 56 1/2, par. 705.1 720 ILCS 550/5.3 720 ILCS 550/8 from Ch. 56 1/2, par. 708 735 ILCS 5/2-1401 from Ch. 110, par. 2-1401 765 ILCS 605/33 new 820 ILCS 55/5 from Ch. 48, par. 2855 Replaces everything after the enacting clause. Creates the Cannabis Regulation and Tax Act and amends various Acts. Provides that it is lawful for persons 21 years of age or older to possess, use, and purchase limited amounts of cannabis for personal use in accordance with the Act. Authorizes registered qualifying patients to cultivate limited amounts of cannabis for personal use. Provides for the regulation and licensing of various entities and occupations engaged in cultivation, dispensing, processing, transportation, and other activities regarding cannabis for adult use. Sets forth duties of an Illinois Cannabis Regulation Oversight Officer, the Department of State Police, the Department of Agriculture, the Department of Financial and Professional Regulation, the Department of Public Health, the Department of Commerce and Economic Opportunity, the Department of Human Services, the Department of Revenue, the State Treasurer, the Illinois Criminal Justice Information Authority, and other governmental entities. Provides for expungement of minor cannabis violations under specified circumstances. Creates a Restore, Reinvest, and Renew Program and a Restore, Reinvest, and Renew Program Board and contains various provisions regarding a low-interest loan program for social equity applicants, investment in communities that have suffered because of drug policies, and the promotion of cannabis business ownership by individuals who have resided in areas of high poverty and high enforcement of cannabis-related laws. Contains provisions regarding health and safety, packaging, advertising, local ordinances, providing financial services to a cannabis-related legitimate business, and other matters. Creates a Cannabis Cultivation Privilege Tax and a Cannabis Purchaser Excise Tax. Authorizes the imposition of a County Cannabis Retailers' Occupation Tax and a Municipal Cannabis Retailers' Occupation Tax. Provides for allocation of revenues and creates various funds in the State treasury. Repeals the Cannabis and Controlled Substances Tax Act. Contains home rule preemptions. Contains other provisions. Effective immediately.

Amends the Private Correctional Facility Moratorium Act. Changes the title of the Act to the For-Profit Corrections Prohibition Act. Defines "non-profit contractor", private company", "private vendor", "private contractor", and "work release center". Provides that the State, any unit of local government, or a county sheriff, shall not contract with a private contractor or private vendor for the provision of services relating to community correctional supervision. Provides that the Act does not apply to State work release centers or juvenile residential facilities that provide separate care or special treatment operated in whole or part by non-profit (rather than private) contractors. Adds to exempted contracts for ancillary services contracts for electronic monitoring services. House Committee Amendment No. 2 Deletes reference to: 730 ILCS 140/1 730 ILCS 140/1.5 new 730 ILCS 140/2 730 ILCS 140/3 Adds reference to: New Act Replaces everything after the enacting clause. Creates the Private Detention Facility Moratorium Act. Provides that neither the State, nor any unit of local government, any county sheriff, or any agency, officer, employee, or agent thereof, shall: (1) enter into an agreement of any kind related to the detention of individuals in a detention facility owned, managed, or operated in whole or in part by a private entity or person; (2) pay, reimburse, subsidize, or defray in any way any costs related to the sale, purchase, construction, development, ownership, management, or operation, in whole or in part, of any detention facility by any private entity or person; (3) receive per diem, per detainee, or any other payment related to the detention of individuals in a detention facility owned, managed, or operated, in whole or in part, by any private entity or person; or (4) otherwise give any financial incentive or benefit to any private entity or person in connection with the sale, purchase, construction, development, ownership, management, or operation of any detention facility. Provides exemptions. Effective immediately. House Floor Amendment No. 3 Replaces everything after the enacting clause. Reinserts the provisions of House Amendment No. 2 with changes. Provides that neither the State, nor any unit of local government, any county Sheriff, or any agency, officer, employee, or agent thereof, shall: (1) enter into an agreement of any kind for the detention of individuals in a detention facility owned, managed, or operated, in whole or in part, by a private entity; (2) pay, reimburse, subsidize, or defray in any way any costs related to the sale, purchase, construction, development, ownership, management, or operation of a detention facility that is or will be owned, managed, or operated, in whole or in part, by a private entity; (3) receive per diem, per detainee, or any other payment related to the detention of individuals in a detention facility owned, managed, or operated, in whole or in part, by a private entity; or (4) otherwise give any financial incentive or benefit to any private entity or person in connection with the sale, purchase, construction, development, ownership, management, or operation of a detention facility that is or will be owned, managed, or operated, in whole or in part, by a private entity. Makes other technical changes. Effective immediately.

Creates the Retention of Illinois Students and Equity Act. Provides for legislative findings and a definition. Provides that, notwithstanding any other provision of law to the contrary, a student attending an institution of higher learning in this State who is deemed an Illinois resident for tuition purposes and is not otherwise eligible to receive federal financial aid shall be eligible to apply or receive consideration for State financial aid, including any student aid or benefit funded or administered by the State, a State agency, or any public institution of higher learning, including, but not limited to, scholarships, grants, awards, stipends, free room and board, tuition waivers, or other financial or in-kind assistance. House Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Makes changes to the legislative findings. Provides that a student who is an Illinois resident and who is not otherwise eligible for federal financial aid, including, but not limited to, a transgender student who is disqualified for failure to register for selective service or a noncitizen student who has not obtained lawful permanent residence, shall be eligible for State financial aid and benefits. Provides that, to ensure equity, success, and the retention of Illinois residents, a student who is an Illinois resident may not be subject to any caps on grant assistance available under the Monetary Award Program other than those required by State law. Provides that the eligibility requirements for any student aid or benefit funded or administered by the State shall be interpreted to promote the broadest eligibility for students who are Illinois residents in accordance with State law or policy. Makes other changes. Fiscal Note, House Committee Amendment No. 1 (IL Student Assistance Commission) The scholarship and grant programs that ISAC administers are subject to appropriation. Thus, making more students eligible to apply for these programs (which HB 2691 does) will not automatically add to their cost. However, funding additional recipients would either require additional appropriations or shifting dollars from other low-income students who are currently eligible. Based on limited available data, including estimates provided by advocates for the bill of the number of undocumented Illinois students, approximately 3,500 students may become newly eligible for the Monetary Award Program (MAP) under HB 2691, as amended, adding about $9.0 million in annual demand for the program. Without additional funding, adding new recipients would require shifting dollars from other recipients. This projection incorporates estimates of the number of undocumented Illinois students, transgender students who may be required to register for Selective Service, and students who are currently ineligible for MAP because they have used the program to help pay for at least 75 credit hours but have not yet attained junior status. This estimate could be low for several reasons. Overall demand for funding could increase in future years as additional students apply. Also, ISAC does not have adequate information to estimate the potential increase in demand for smaller grant programs (which are also subject to appropriation) or any increases in demand for ISAC-administered programs attributable to students who receive in-state tuition rates because of their military or veteran status. State Mandates Fiscal Note, House Committee Amendment No. 1 (Dept. of Commerce & Economic Opportunity) This bill does not create a State mandate.

Creates the Keep Illinois Families Together Act. Provides that the Attorney General, within 90 days of the effective date of this Act, in consultation with the appropriate stakeholders, shall propose new rules related to limiting assistance with immigration enforcement at the following facilities to the fullest extent possible consistent with federal and State law to ensure that these facilities remain safe and accessible to all Illinois residents, regardless of immigration status: (1) public schools, including public pre-schools and other early learning programs, public elementary and secondary schools, and public institutions of higher education; (2) State-funded medical treatment and health care facilities, including hospitals, health clinics, emergency or urgent care facilities, nursing homes, group homes for persons with developmental disabilities, community-integrated living arrangements, and State mental health facilities; (3) public libraries; (4) facilities operated by the Office of the Secretary of State; and (5) courthouses. Provides that within 6 months of the effective date of the Act, all State agencies, public schools, and public institutions of higher education shall review their confidentiality policies to identify any changes necessary to limit collection of information from individuals to that information necessary to perform agency duties and to limit use or disclosure of information for any other purpose. Provides that a law enforcement agency or official may not inquire about the citizenship or immigration status or place of birth of any individual, including any person who has been arrested or detained by the agency, any person in the agency or official's custody, any person submitting to questioning by the agency or official, any crime victim, any witness, or any person who calls or approaches the law enforcement agency or official seeking assistance. Makes other changes. Fiscal Note (Dept. of Central Management Services) There is no fiscal impact to the Department of Central Management Services. Fiscal Note (Office of the Attorney General) HB 1637 would not have a significant fiscal impact on our Office as an existing bureau within the Office of the Attorney General could cover the work. House Floor Amendment No. 2 Replaces everything after the enacting clause. Creates the Keep Illinois Families Together Act. Provides that on or after the effective date of the Act, no law enforcement agency or official may enter into or remain in an agreement with U.S. Immigration and Customs Enforcement under a federal delegated authority program. Provides that nothing shall preclude a law enforcement official from otherwise executing that official's duties in ensuring public safety. Defines terms. Effective immediately.