Sen. Sara Feigenholtz

Amends the Mental Health and Developmental Disabilities Administrative Act. Requires the Department of Human Services and the Department of Healthcare and Family Services to collaborate to develop a standardized format for specified data collection and registration no later than January 1, 2023 in collaboration with behavioral and mental health providers, stakeholders, and entities with expertise in federal requirements and form development. Provides that the Department of Human Service and the Department of Healthcare and Family Services must comply with the new standardized format within 6 months after its date of completion. Contains other provisions. Effective immediately. Senate Floor Amendment No. 1 Provides that the data collected by the Department of Human Services and the Department of Healthcare and Family Services shall be de-identified aggregate data. Provides that "substance use disorder" has the meaning provided in the Substance Use Disorder Act.

Amends the Animal Welfare Act. Provides that a pet shop operator may offer for sale a dog or cat only if the dog or cat is obtained from an animal control facility or animal shelter. Provides that an animal control facility or animal shelter that supplies dogs or cats to pet shop operators to be offered for sale shall not be a dog breeder or a cat breeder or obtain dogs or cats from a dog breeder, a cat breeder, a person who resells dogs or cats from a breeder, or a person who sells dogs or cats at auction in exchange for payment or compensation. Defines the term "offer for sale" and modifies the definitions of "pet shop operator" and "animal shelter". Effective 180 days after becoming law. House Floor Amendment No. 1 Provides that "offer for sale" means to sell, exchange for consideration, offer for adoption, advertise for the sale of, barter, auction, give away, or otherwise dispose of animals (rather than to display, sell, exchange for consideration, offer for adoption, advertise for the sale of, barter, auction, give away, or otherwise dispose of animals). Provides that provisions concerning the prohibition of dogs and cats sold by pet shops shall not prohibit a pet shop operator from providing space to an animal control facility or animal shelter to showcase dogs or cats owned by these entities for the purpose of adoption.

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 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.

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 Juvenile Court Act of 1987. Provides that any party may file a motion requesting the court to review the decision of a temporary custodian or guardian appointed under the Act to deny a minor under the age of 18 access to the media. Provides that the Department of Children and Family Services bears the burden of demonstrating by clear and convincing evidence that its decision to deny the minor access to the media is in the minor's best interest. Provides that, in making its determination, the court shall weigh specified factors. Provides that the Department of Children and Family Services shall provide notice to a minor's guardian ad litem and attorney appointed under this Act any time that the Department, in its capacity as the minor's temporary custodian or guardian, denies a request by the media to speak with the minor. The Department shall provide the notice within one business day of its decision. The notice must at a minimum include the following: the name of the child, the name of the media, the date of the inquiry from the media, and the rationale for the Department's decision. House Floor Amendment No. 1 Deletes reference to: 705 ILCS 405/2-17 Adds reference to: 705 ILCS 405/2-10.3 new Replaces everything after the enacting clause. Amends the Juvenile Court Act of 1987. Provides that the Department of Children and Family Services and its assigns shall not interfere with the right of any youth in its custody or guardianship to communicate with the news media if the youth choses to do so. Provides that any time the news media requests to speak with a minor under 18 years of age, the Department of Children and Family Services shall provide notice to the minor, the minor's attorney, and guardian ad litem within one business day of the request. Provides that if the minor is under 18 years of age and the Department has determined that the minor does not have sufficient maturity to make the decision to communicate with the news media and that contact with the news media will, more likely than not, cause serious physical, emotional or mental harm the notice shall also include the basis, with specificity, for the Department's determination. Provides that if a minor 18 years of age or older chooses to speak to the news media, the Department shall not take any action to interfere with the minor's contact with the news media. Provides that if a minor under 18 years of age wishes to speak to the news media, but the Department seeks to prevent the minor's contact with the news media, the Department shall file a motion for court review of its determination within one day of its determination and in no event more than 48 hours from the news media's request. Provides that the court may not impose any limitations on the speech of a minor based on viewpoints the minor may express or information the minor may divulge, unless it is confidential information regarding third parties. Defines "interfere" and "less restrictive means". Makes other changes. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Juvenile Court Act of 1987. Provides that the Department of Children and Family Services and its assigns shall not interfere with the right of any youth in its custody or guardianship to communicate with the news media if the youth chooses to do so. Provides that any time the news media requests to speak with a specific, identified minor under 18 years of age, the Department of Children and Family Services shall immediately provide notice of the news media's request to the minor's attorney and guardian ad litem. Provides that the notice shall include at a minimum the minor's name, the news media name, and the date of the inquiry from the news media. Provides that within one business day of the news media's request, the Department shall determine whether the minor wants to speak with the news media, whether the minor has sufficient maturity to make his or her own decision to communicate with the news media and whether contact with the news media will more likely than not cause the minor serious physical, emotional or mental harm. Provides that the Department shall provide notice of its determination to the minor's attorney and guardian ad litem within one business day of its determination. Provides that the Department shall not take any action to interfere with the right of a minor over 18 to speak with the news media. Provides that the court shall not impose any limitations on the speech of a minor based on viewpoints the minor may express or information the minor may divulge, unless it is confidential information regarding third parties. Provides that any party may file a motion seeking to enforce certain rights relating to access to news media. Defines terms. Makes other changes. Effective immediately.

Amends the Illinois Public Aid Code. Provides that the medical assistance program shall cover community-based pediatric palliative care from a trained interdisciplinary team. Amends the Pediatric Palliative Care Act. Repeals a provision that made the Act inoperative on and after July 1, 2012. Requires the Department of Healthcare and Family Services to develop a pediatric palliative care program (rather than a pediatric palliative care pilot program) under which a qualifying child may receive community-based pediatric palliative care from a trained interdisciplinary team and may also choose to continue to pursue aggressive curative or disease-directed treatments for a serious (rather than a potentially life-limiting) illness under the benefits available under the Illinois Public Aid Code. Defines a qualifying child to be a person under the age of 19 (rather than 18) who is enrolled in the medical assistance program and suffers from a serious illness (rather than a potentially life-limiting medical condition). Contains provisions concerning a State Plan amendment; prohibited Department rules; pediatric interdisciplinary teams; reimbursable services offered under the pediatric palliative care program; standards for and technical assistance to managed care organizations; reporting requirements; criteria a case manager must meet for demonstrated expertise in pediatric palliative care; and other matters. House Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes to the Pediatric Palliative Care Act. Makes changes to the definition of "serious illness". Restores language requiring the Department of Healthcare and Family Services to apply for a waiver to implement the pediatric palliative care program. Defines a qualifying child to be a person under the age of 21 who is enrolled in the medical assistance program and is diagnosed by the child's primary physician or specialist as suffering from a serious illness (rather than a person under 19 years of age who is enrolled in the medical assistance program and suffers from a serious illness). Provides that those serious illnesses that render a child eligible for pediatric palliative care services include any other serious illness that the Department, in consultation with interested stakeholders, determines to be appropriate. Restores language making certain reimbursable services offered under the pediatric palliative care program subject to federal approval for matching funds. Changes "case manager" to "program manager". Changes "qualifying participants" to "qualifying children".

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.

Creates the Lead Service Line Replacement and Notification Act. Creates the Lead Service Line Replacement Fund to be used to finance and administer programs and activities specified under the Act. Provides that the Environmental Protection Agency shall be responsible for the administration of the Fund and shall allocate moneys on the basis of priorities established by the Agency. Makes a conforming change in the State Finance Act. Requires a lead in drinking water protection fee be imposed on billing water usage in specified amounts to be collected by all community water supplies. Requires the owner or operator of each community water supply to perform specified activities. Creates the Lead Service Line Replacement Advisory Board within the Agency to perform specified duties. Contains other provisions. Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Requires the Department of Commerce and Economic Opportunity to establish a comprehensive low-income water assistance policy and program with specified requirements. Amends the Public Utilities Act. Provides that the Illinois Commerce Commission may allow or direct a water utility to establish a customer assistance program that provides financial relief to residential customers who qualify for income-related assistance. Makes other changes. Amends the Environmental Protection Act. Requires specified entities to provide to the Environmental Protection Agency by December 31, 2023, and again by December 31, 2025, specified information as it relates to the cost of providing water service. Provides that the Agency shall publish the information on the Agency's website. Provides that the Agency may adopt rules setting forth the general requirements for submittal of the information. Repeals the provisions regarding the information on January 1, 2026. Repeals a Section regarding lead in drinking water notifications and inventories. House Floor Amendment No. 1 Deletes reference to: New Act 30 ILCS 105/5.935 new 220 ILCS 5/8-306 Adds reference to: 30 ILCS 105/5.938 new Replaces everything after the enacting clause. Provides that the amendatory Act may be referred to as the Lead Service Line Replacement and Notification Act. Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Requires the Department of Commerce and Economic Opportunity to establish a comprehensive low-income water assistance policy and program with specified requirements. Amends the Environmental Protection Act. Requires the owner or operator of each community water supply to perform specified activities. Creates the Lead Service Line Replacement Advisory Board within the Environmental Protection Agency to perform specified duties. Creates the Lead Service Line Replacement Fund to be used to finance and administer programs and activities specified under the amendatory provisions. Makes a conforming change in the State Finance Act. Provides that, within one year after the amendatory Act's effective date, the Agency shall design a program with specified requirements for the purpose of administering lead service line replacement funds. Contains other provisions. Repeals a Section of the Environmental Protection Act regarding lead in drinking water notifications and inventories. Senate Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the engrossed bill, and makes the following changes. Requires that when an owner or operator of a community water supply awards a contract under the Act, contracts representing at least 11% of the total projects (rather than of the total annual premiums or fees) shall be awarded to minority-owned businesses; contracts representing at least 7% of the total projects (rather than of the total annual premiums or fees) shall be awarded to women-owned businesses; and contracts representing at least 2% of the total projects (rather than of the total annual premiums or fees) shall be awarded to businesses owned by persons with disabilities. In provisions requiring every owner or operator of a community water supply to create a plan to replace specified service lines, requires a proposed lead service line replacement schedule to also include 10-year goals. Requires the owner or operator of a community water supply to submit a report detailing progress toward plan goals to the Environmental Protection Agency. Specifies requirements for the reports. Provides that corporate authorities of a municipality may exercise the authority provided under specified provisions of the Property Tax Code and Illinois Municipal Code for costs associated with lead service line remediation and replacement (instead of impose a tax, fee, surcharge, charge, assessment, or other amount payable or imposed as deemed necessary, by ordinance or resolution by the corporate authorities, to be used solely for costs incurred by the municipality associated with lead service line remediation). In provisions specifying the replacement rates and timelines for replacement of lead service lines by an owner or operator of a community water supply, requires that a community water supply reporting more than 99,999 lead service lines in its final inventory and replacement plan shall replace all lead service lines, at an annual rate of no less than 2% of the amount described in the final inventory, with a timeline of up to 50 years for completion. Authorizes the Agency to grant one extension of additional time equal to not more than 20% of the original replacement timeline, except in situations of extreme hardship in which the Agency may consider a second additional extension equal to not more than 10% of the original replacement timeline. Removes language limiting the purposes and amounts for which moneys in the Lead Service Line Replacement Fund may be used. Requires the Agency to design rules for a program (rather than design a program) for the purpose of administering lead service line replacement funds. Makes changes to provisions concerning the requirements for the program. Removes language specifying the information that must be included in the annual consumer confidence report required under the United States Environmental Protection Agency's National Primary Drinking Water Regulations. Makes other changes. Senate Floor Amendment No. 2 Makes a technical change in the citation of sections of the Property Tax Code.

Amends the Children and Family Services Act. Prohibits the use of restraints on youth in care, including chemical, manual, and mechanical restraints, during the provision of any transportation services provided or arranged by the Department of Children and Family Services or its contractual assigns. Provides that any known, alleged, or suspected violation of the prohibition shall immediately be reported to the Department's Office of the Inspector General, the court presiding over the youth's case in accordance with the Juvenile Court Act of 1987, and the youth's attorney and guardian ad litem. Requires the Department to make a significant events report for any known, alleged, or suspected violation of the prohibition. Sets forth a list of circumstances that require the Department to prepare a written individualized trauma-sensitive transportation plan for any youth in care. Requires the Department to obtain court approval of the transportation plan in accordance with the Juvenile Court Act of 1987 as well as written approval of the transportation plan from the Department's Chief Deputy Director and the Chief Deputy Director of its Clinical Division. Contains provisions concerning information that must be included in a written individualized trauma-sensitive transportation plan; and Department reporting requirements. Amends the Juvenile Court Act of 1987. Requires the Department to ensure the provision of trauma-sensitive transport to minors placed in its care. Contains provisions concerning factors a court must consider when determining whether to approve an individualized trauma-sensitive transportation plan submitted by the Department. Effective immediately. Senate Committee Amendment No. 1 Changes the definition of "restraints" to provide that the term does not include child restraint systems or devices ordinarily worn by the youth during transport. Expands the definition of "youth" to include youth in the protective custody of the Department of Children and Family Services. In a provision concerning individualized trauma-sensitive transportation plans, provides that for youth who are psychiatrically hospitalized, discharge and placement planning shall begin from the moment of admission, including developing the transportation plan required under the amendatory Act and seeking court approval as necessary. House Committee Amendment No. 1 Provides that the term "transport" does not include inter-hospital non-emergency transportation. Requires the Department of Children and Family Services to begin discharge and placement planning from the moment of admission for youth who are psychiatrically hospitalized.