Sen. Mike Simmons-Gessesse

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.

Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Requires the Department of Public Health to create within the Office of Health Promotion the Division of Men's Health. Provides that the Division shall concentrate on raising awareness of specified health issues specific to men. Provides that the Division shall complete an annual assessment in collaboration with the schools of public health in Illinois of the status of men's health and recommend policy developments to address those needs and identify the services needed. Requires the Division to review the assessment and make recommendations to the General Assembly. Senate Committee Amendment No. 1 Removes language requiring the Division of Men's Health to be created within the Office of Health Promotion.

Amends the Department of Human Services Act. Requires the Department of Human Services' Bureau of Homeless Services and Supportive Housing within the Office of Family Support Services to annually review and collect data on the number of military veterans receiving services or benefits under the Emergency and Transitional Housing Program, the Emergency Food Program, the Homeless Prevention Program, and the Supporting Housing Program. Provides that the Department may request and receive the cooperation of any other State agency that is relevant to the collection of the required data. Requires the Bureau to annually submit to the General Assembly a written report that details the number of military veterans served under each program no later than December 31, 2023 and every December 31 thereafter. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Department of Human Services Act. Requires the Department of Human Services' Bureau of Homeless Services and Supportive Housing within the Office of Family Support Services to annually review and collect data on the number of military veterans receiving services or benefits under the Emergency and Transitional Housing Program, the Emergency Food Program, the Homeless Prevention Program, the Supporting Housing Program, and the Prince Home at Manteno administered by the Department of Veterans' Affairs. Provides that the Bureau may request and receive the cooperation of the Department of Veterans' Affairs and any other State agency that is relevant to the collection of the required data. Requires the Bureau to annually submit to the General Assembly a written report that details the number of military veterans served under each program no later than December 31, 2023 and every December 31 thereafter.

Amends the State Treasurer Act. Makes a technical change in a Section concerning bond. House Floor Amendment No. 1 Deletes reference to: 15 ILCS 505/1 Adds reference to: 20 ILCS 1305/1-75 new 30 ILCS 105/5.970 new Replaces everything after the enacting clause. Amends the Department of Human Services Act. Provides that the amendatory Act may be referred to as the First Responders Child Care Act. Provides that subject to appropriation, the Department of Human Services shall establish and administer an Off-Hours Child Care Grant Program to provide grants to licensed child care facilities to expand their program of services to include off hours, night, or sleep time child care for first responders and third shift workers who, on account of their work schedule, need child care outside of the hours when licensed child care facilities typically operate. Provides that services funded under the grant program must address the child care needs of first responders. Provides that grants provided under the program may also be used to cover any capital and operating expenses related to the provision of off-hours, night, or sleep time child care for first responders. Requires child care facilities seeking funding under the grant program to apply to the Department in a form and manner prescribed by the Department. Requires the Department to implement the grant program by the date the Child Care Advisory Council submits its final report to the General Assembly as provided under Senate Resolution 862 of the 102nd General Assembly or by December 31, 2022, whichever is earlier. Permits the Department to adopt any rules necessary to implement the program. Defines "first responders" to mean emergency medical services personnel as defined in the Emergency Medical Services (EMS) Systems Act, firefighters, law enforcement officers, and, as determined by the Department, any other workers who, on account of their work schedule, need child care outside of the hours when licensed child care facilities typically operate. Amends the State Finance Act. Creates the Off-Hours Child Care Grant Program Fund as a special fund in the State treasury. Effective immediately. House Floor Amendment No. 2 Deletes reference to: 15 ILCS 505/1 Adds reference to: 20 ILCS 1305/1-75 new 30 ILCS 105/5.970 new Replaces everything after the enacting clause. Amends the Department of Human Services Act. Provides that the amendatory Act may be referred to as the First Responders Child Care Act. Provides that subject to appropriation, the Department of Human Services shall establish and administer an Off-Hours Child Care Program to help first responders and other workers identify and access off-hours, night, or sleep time child care. Provides that services funded under the program must address the child care needs of first responders. Provides that funding provided under the program may also be used to cover any capital and operating expenses related to the provision of off-hours, night, or sleep time child care for first responders. Requires the Department to implement the program by July 1, 2023. Permits the Department to adopt any rules necessary to implement the program. Defines "first responders" to mean emergency medical services personnel as defined in the Emergency Medical Services (EMS) Systems Act, firefighters, law enforcement officers, and, as determined by the Department, any other workers who, on account of their work schedule, need child care outside of the hours when licensed child care facilities typically operate. Amends the State Finance Act. Creates the Off-Hours Child Care Program Fund as a special fund in the State treasury. Effective immediately. House Floor Amendment No. 3 Provides that that amendatory Act shall be referred to as the Off-Hours Child Care Act (rather than the First Responders Child Care Act). In a provision concerning legislative intent, provides that only 435 of the State's group day care homes (rather than group home care programs) provide night care.

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 Technology Advancement and Development Act. Makes a technical change in a Section concerning the short title. Senate Floor Amendment No. 1 Deletes reference to: 20 ILCS 700/1001 Adds reference to: 20 ILCS 505/21.6 new Replaces everything after the enacting clause. Amends the Children and Family Services Act. Provides that a child protective investigator is authorized to carry and use personal protection spray devices, such as mace, pepper mace, or pepper gas, for self-defense purposes while investigating a report of child abuse or neglect if the child protective investigator has been trained on the proper use of such personal protection spray devices by the Illinois State Police. Requires the Illinois State Police to establish a training program for child protective investigators on the proper use of personal protection spray devices for self-defense purposes. Requires the Department of Children and Family Services to provide funding for the training program. Effective immediately. House Floor Amendment No. 3 Replaces everything after the enacting clause. Amends the Children and Family Services Act. Provides that a front-line staff member is authorized to carry and use personal protection spray devices, as defined, for self-defense purposes while investigating a report of child abuse or neglect if the front-line staff member has been trained on the proper use of such personal protection spray devices by the Department of Children and Family Services, in consultation with the Illinois State Police. Provides that by January 1, 2023, the Department, in consultation with the Illinois State Police, shall (i) identify a list of approved personal protection spray devices and (ii) jointly develop and approve a training curriculum and program for front-line staff members on the proper use of such personal protection spray devices for self-defense purposes. Requires the Department to provide funding for the training program. Sets forth specific circumstances under which a front-line staff member may use a personal protection spray device including if the front-line staff member: (i) reasonably believes that use is necessary to protect the staff member from an imminent physical assault posed by another person; (ii) uses the device to incapacitate a person attempting a physical assault in order to avoid imminent physical harm and to facilitate escape from danger when there is no other alternative available to the front-line staff member; and (iii) except in exigent circumstances, has issued a verbal warning to persons in close proximity to the spray area. Provides that a front-line staff member's use of personal protection spray devices during the performance of his or her professional duties in any manner other than as expressly authorized under the amendatory Act shall be prohibited by Department policy. Provides that whenever a front-line staff member discharges a personal protection spray device, the front-line staff member shall complete an incident report. Provides that, following the discharge of a personal protection spray device that results in exposure, the front-line staff member shall notify his or her supervisor and, if appropriate, call 9-1-1 for emergency response or responders as soon as reasonably practical and when safe to do so. Requires the Department to annually report and publish on its website, beginning January 1, 2024, the number of front-line staff members trained to carry personal protection spray devices, the number of front-line staff members reporting personal protection spray devices and the make or model of the devices, and the number of reported uses of personal protection spray devices by service region. Provides that, in addition, the Department shall report each incident involving the deployment of a personal protection spray device that occurred during the preceding calendar year, including: (1) the estimated age, gender, and race of the intended target of the personal protection spray device; (2) whether there were injuries to the intended target resulting from the deployment of the personal protection spray device; (3) the age, gender, and race of the front-line staff member who utilized the personal protection spray device; and (4) whether there were injuries to the front-line staff member resulting from the incident. Requires the Department to also report yearly data on the number of personal protection spray device deployments found to be against Department policy. Effective immediately.

Amends the Children and Family Services Act. Provides that all youth in care shall be assigned a mental health provider to manage their mental health care needs. Requires a youth's mental health provider to visit the youth and conduct a well-being assessment within 30 days after the youth is removed from his or her home and placed in the temporary custody or guardianship of the Department of Children and Family Services. Provides that additional follow-up visits and well-being checks shall be scheduled and conducted until the youth is no longer under the custody or guardianship of the Department. Provides that any mental health care services provided to the youth shall be in addition to any care or services the youth receives from his or her primary care provider. Grants the Department rulemaking authority. House Floor Amendment No. 1 Replaces everything after the enacting clause. Amends the Children and Family Services Act. Creates the Holistic Mental Health Care for Youth in Care Task Force. Requires the Task Force to review and make recommendations regarding mental health and wellness services provided to youth in care, including a program of holistic mental health services provided 30 days after the date upon which a youth is placed in foster care, in order to determine how to best meet the mental health needs of youth in care. Provides that the Task Force shall also assess the capacity of State licensed mental health professionals to provide preventive mental health care to youth in care; review the current payment rates for mental health providers serving the youth in care population; evaluate the recruitment and retention of mental health providers who are persons of color to serve the youth in care population; and perform other specified duties. Provides that the Task Force shall consist of 9 members and that members shall serve without compensation but may be reimbursed for necessary expenses incurred in the performance of their duties. Requires the Task Force to meet at least once each month beginning no later than July 1, 2022 and at other times as determined by the Task Force. Provides that the Task Force may hold electronic meetings and a member of the Task Force shall be deemed present for the purposes of establishing a quorum and voting. Provides that the Department of Healthcare and Family Services, in conjunction with the Department of Children and Family Services, shall provide the Task Force with administrative support. Requires the Task Force to prepare and submit to the Governor and the General Assembly at the end of each quarter a report that summarizes its work and makes recommendations resulting from its study. Effective immediately. Fiscal Note, House Floor Amendment No. 1 (Dept. of Children & Family Services) There is no material cost to this legislation. Senate Floor Amendment No. 1 Replaces everything after the enacting clause. Reinserts the engrossed bill with the following changes: Provides that the Task Force shall include: (i) a member appointed by the Governor from the Office of the Governor who has a focus on mental health issues, (rather than a member from the Office of the Governor who has a focus on mental health issues); (ii) one member who is a former youth in care, appointed by the Governor (rather than one member who is a former youth in care recommended by the Illinois Chapter of the Foster Care Alumni of America); and (iii) one representative from the managed care entity managing the YouthCare program, appointed by (rather than recommended by) the Director of Healthcare and Family Services. Requires the Task Force to submit its final report to the Governor and the General Assembly no later than December 31, 2024. Provides that upon submission of its final report, the Task Force is dissolved.

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 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 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.