April 23, 2021

This summary lists the bills that were reported passed by the Senate on April 22. More information about these bills is available at the Illinois General Assembly Web site at https://ilga.gov/ .

You can download the full summary here.

Bills that were reported passed by the Senate on April 22

Advanced Practice Nursing (SB 105): Allows the clinical experience of an advanced practice registered nurse (APRN) to be attested to by the employer, instead of just the collaborating physician or physicians in current law. Also adds that if a collaborating physician or employer is unable to attest to the completion of the clinical experience that the Illinois Department of Financial and Professional Regulation may accept other evidence of clinical experience as established by rule.

Journalism Task Force (SB 134): Creates the Local Journalism Task Force Act to be administered by the Illinois Department of Commerce and Economic Opportunity.  The Task Force is to study and review all aspects of local journalism, including adequate press coverage of communities, ratio of residents to media outlets, history of local news in Illinois, print and digital models of media outlets, impact by social media, and policy solutions to improve the sustainability of local press business models and private and non-profit solutions.

Vital Records Requests (SB 140): States that the State Treasurer is exempt from paying a 5 percent, 10 percent, or 15 percent delinquency charge on unpaid fees pertaining to the Revised Uniform Unclaimed Property Act. Allows the unclaimed property administrator to access and reproduce vital records and court records at no cost to the administrator.

Local School Council (SB 148): Strikes language from current law that would disqualify an individual from election/appointment to a Local School Council for a host of offenses under the Criminal Code and the Illinois Controlled Substance Act.  Going forward, only disqualifies a person from election or appointment to a Local School Council if he/she appears on the National Sex Offender Public website, the Statewide Sex Offender database or the Statewide Murderer and Violent Offender Against Youth database.

Court-appointed Special Advocates (SB 153): Allows the court – in prosecutions involving the injury, health, or safety of a cat or dog – to appoint a licensed attorney at law or a law student as a special advocate to assist the court and represent the interests of justice regarding the health or safety of the cat or dog.

Section 8 Housing (SB 154): Prevents the Illinois Housing Development Authority from restricting any tenant from having one or more household pets with them in their housing unit. Adds a definition of “common household pet” to mean a domesticated animal such as a dog or cat, which is commonly kept in the home for pleasure rather than for commercial purposes.

 

Facial Recognition (SB 225): States that the Secretary of State shall not provide facial recognition search services or photographs obtained in the process of issuing an identification card or a driver’s license or permit to any federal, state, or local law enforcement agency or other governmental entity for the purpose of enforcing federal immigration laws.

Wipes Labeling Act (SB 294): Creates the Wipes Labeling Act. Provides that a covered entity must clearly and conspicuously label a covered product as “do not flush” in accordance with specified requirements. Provides that municipalities and counties have concurrent and exclusive authority to enforce the Act and to collect civil penalties for violations of the Act.

Dental Practice (SB 335):  Adds dental anesthesiology to the branches of dentistry. Changes the definition of “teledentistry” to include limited patient diagnosis and treatment planning (rather than patient care) using synchronous and asynchronous communications under an Illinois licensed dentist’s authority (rather than a dentist’s authority).

Redacted Birth Certificate (SB 336): Requires the Illinois Department of Public Health to issue a birth certificate with the identity of the attending physician redacted upon request by any person 18 or older named on the certificate or that persons parent, legal representative, or attorney.

Anatomical Gifts (SB 500): States that a hospital, physician and surgeon, procurement organization, or other person shall not, solely on the basis of an individual’s mental or physical disability to determine an individual ineligible to receive an anatomical gift or organ transplant or deny medical and other services related to organ transplantation.

PTELL Adjustment (SB 508): Provides that a taxing district’s aggregate extension base will be adjusted in the following levy year to account for certificates of error (COE) and board of review (BOR) or PTAB decisions issued in the previous levy year.

Youth Vaping/Cigarettes (SB 512): Creates the Preventing Youth Vaping Act. Amends the Prevention of Cigarette Sales to Persons under 21 Years of Age Act, and the Prevention of Cigarette Sales to Persons under 21 Years of Age Act.

Campaign Funds Use (SB 536): Provides that the Election Code does not prohibit political committee funds from being used for either full-time or part-time childcare or elder home care incurred by a candidate, officeholder, campaign staffer, or volunteer if the childcare or elder home care is necessary for the fulfillment of political, governmental, or public duties, activities, or purposes.

Tobacco Compliance Checks (SB 555): Provides that the Illinois Department of Human Services may conduct compliance checks on tobacco and vape retailers to ensure that they are not selling tobacco products to individuals younger than the legal age of 21.

Optometric Telehealth (SB 567): Adds to and clarifies definitions and provisions in the Illinois Optometric Practice Act of 1987 to further regulate the use of telehealth by optometrists.

Community Service (SB 626): Enhances hourly value of community service applied to assessments. Raises assessment waiver public service hourly rate from $4 to at least $10. Extends assessment waiver to traffic cases rather than just criminal cases. Sets the hourly rate as not be less than the State’s minimum wage.

Mandated School Playtime (SB 654): Provides that all public schools shall provide daily time (60 minutes) for supervised, unstructured, child-directed play for all students in kindergarten through grade 8. Play time must allow unstructured play including organized games, but shall not include the use of computers, tablets, phones, or videos. It is encouraged to be held outdoors, but it may be held indoors in a space that promotes physical activity.

Annexation (SB 658): States that annexations and annexation agreements are valid if they meet all the specified statutory requirements. It is a proper purpose for a municipality to seek the voluntary annexation of territory in order to: seek contiguity with other territory; or wholly bind other territory for the purpose of annexing that other territory. The validity of an annexation cannot be contested based on the purpose of the annexation, the contents of any annexation agreement, or any factor other than what is statutorily required.

Alzheimer’s Continuing Education (SB 677):  Requires “health care professionals” who have continuing education requirements must complete at a one hour course in training on the diagnosis, treatment, and care of individuals with Alzheimer’s disease and other dementias per renewal period.

EMS Systems (SB 693): Authorizes Emergency Medical Services to request bypass or diversion of an emergency department and request transport to the closest or appropriate mental health facility under certain circumstances.

Adult Protective Services (SB 700): Amends the Adult Protective Services Act and adds to the list of abuse and neglect reporting criteria, requiring mandated reporters to report information about the suspicious death of an eligible adult. Requires mandated reporters who have reason to believe the death of an eligible adult may be the result of abuse or neglect, to report the matter to the appropriate authority or to the Illinois Department on Aging for referral to law enforcement and the coroner and medical examiner. Prohibits an employer from discriminating against any employee who reports information about the suspicious death of an eligible adult.

Electronic Wills, Remote Witnesses (SB 730): Creates the Electronic Wills and Remote Witnesses Act. Provide for the valid execution, attestation, self-proving, and probate of electronic wills, paper copies of electronic wills, and wills attested to by witnesses through audio-video communication; and the valid execution, attestation, and witnessing of documents, other than wills, through audio-visual communication.

Court-Appointed Guardians (SB 755): Requires the disclosure of contact information of court-appointed guardians to foster parents caring for youth. The Illinois Department of Children and Family Services will provide a flyer to all youth entering care of their duties and obligations, phone number and email for the Advocacy Office, and a description of the role of the guardian ad litem.

Weapon Program Administrator (SB 765): Allows the Program administrator of the First Time Weapon Offender Program to be appointed by the Chief Judge of each Judicial Circuit.

School Unused Food Program (SB 805): Requires the Illinois State Board of Education to develop and implement a School Unused Food Program that allows public schools in this State to provide food that is unused by the school to needy children who are students of that school. Unused food under the Program is to be provided at no cost to the student. Allows a school participating in the Program to contract with third parties to provide services under the Program.

Educator Licensure (SB 808): Provides that, beginning with the 2021-2022 school year, a student teacher candidate may not be required to videotape himself/herself or his/her students in a classroom setting in order to obtain an educator license.

School Support Personnel (SB 812): Requires the Illinois State Board of Education to make available on its Web site, not later than Jan. 1, 2023, and annually thereafter, the total number of personnel with a school support personnel endorsement and the pupil-to-school support personnel ratio, along with other information for each school district. Requires a school district (including Chicago Public Schools) to report the required information to the Illinois State Board of Education no later than Nov. 16, 2022, and annually thereafter.

Average Student Enrollment (SB 813): Amends the School Code. Provides that in recognition of the impact of COVID-19, the definition of Average Student Enrollment (ASE) in the evidence- based formula shall be adjusted for calculations for fiscal years 2022 through 2024. For fiscal years 2022 through 2024, the enrollment used in the calculation of ASE representing the 2020- 2021 school year shall be the greater of the enrollment for the 2020-2021 school year or the 2019-2020 school year.

Early Intervention Services (SB 820): Amends the School Code and the Early Intervention Services System Act. Provides that beginning Jan. 1, 2022, children who receive early intervention services prior to their third birthday and are found eligible for an individualized education program and whose birthday falls on or after Jan. 1 (rather than between May 1 and Aug. 31) may continue to receive early intervention services until the beginning of the school year following their third birthday. Adds that for a student entering grade 12, the next most rigorous level of advanced coursework in English language arts or mathematics shall be a dual credit course, as defined in the Dual Credit Quality Act, an Advanced Placement course, as defined in Section 10 of the College and Career Success for All Students Act, or an International Baccalaureate course.

Temporary Polling Locations (SB 825): Amends the Election Code. Permits county sheriffs to establish temporary polling locations at the county jail for residents of the county incarcerated at the jail, but not yet convicted. Sets an effective date of July 1, 2022.

Township Governance (SB 826): Amends the Township Code. Repeals Article 90, which provides for the governance of townships lying wholly within any city of more than 50,000. In such cases, the powers of the township are exercised by the county board, except when there is only one township lying wholly within the city.

Legislator Vacancies (SB 828): Amends the Election Code. Provides that when a vacancy occurs in the office of State Senator or State Representative, the legislative or representative committee of that legislative or representative district that fills the vacancy shall provide members of the public within the district with notice of the vacancy and the replacement process. Provides that the committee shall provide members of the public with notice of an impending vote to fill a vacancy within at least six days prior to the vote, except during the months of May and June if the General Assembly is in session, then notice shall be provided 2 days before.

Broadband Advisory Council (SB 919): Amends the Broadband Advisory Council Act. Adds four members to the Broadband Advisory Council to represent underrepresented and ethnically diverse communities that are appointed by the Governor, including: one member from a community-based organization representing the interests of African-American or Black individuals; one member from a community-based organization representing the interests of Hispanic or Latino individuals; one member from a community-based organization representing the interests of Asian-American or Pacific Islander individuals; and one member from a community-based organization representing the interests of ethnically diverse individuals.

Forensic Science Commission (SB 920): Creates the Illinois Forensic Science Commission and provides for membership and duties for the commission. Provides for reporting by publicly funded forensic laboratories of non-conformities with the efficient delivery of forensic services.

State Museum/Conservation Commission (SB 922): Eliminates responsibility of the Illinois Museum Board to fix salaries and approve appoint staff to the Illinois State Museum. Makes changes to the terms of appointment for members of the Illinois Conservation Commission.

Joint Analysis Center (SB 927): Amends the Open Meetings Act. Permits the Oversight Board of the Illinois Joint Analysis Center to hold closed meetings to discuss classified matters.

Autism Awareness (SB 965): Amends the Autism and Co-Occurring Medical Conditions Awareness Act by extending the date of the repeal to Jan. 1, 2027.  The Act is currently set to be repealed on Aug. 12, 2021. Continues to promote a greater awareness and the detection, diagnosis, and treatment of underlying and co-occurring medical conditions that occur more commonly in persons with autism to further awareness, scientific understanding, and health outcomes for persons living with autism.

MCO Claims Processing (SB 1041): Removes requirement that the Illinois Department of Healthcare and Family Services post the contracted claims report required by HealthChoice Illinois on its Web site every three months.

Pension Omnibus (SB 1056): Includes the provisions of 14 bills calling for a wide variety of pension-related reforms that were agreed to by all Pension Committee members.

Harassment Prevention Training (SB 1079): Amends the Department of Professional Regulation Law of the Civil Administrative Code. Requires every licensee to complete sexual harassment prevention training provided by the licensee’s employer, the Illinois Department of Human Rights, or any continuing education authorized under the Act.

Educational Planning (SB 1085): Creates the Educational Planning Services Consumer Protection Act. Makes it unlawful to act as an educational planning service provider except as authorized by the Act. If an educational planning service provider communicates with a consumer primarily in a language other than English, the educational planning service provider shall furnish to the consumer a translation of all the disclosures and documents required in that other language. The Illinois Student Assistance Commission (ISAC) must make available on its Web site the most current disclosure of free support and the educational planning services provider is responsible for providing to the consumer the most current disclosure of free support available on the Commission’s Web site.

Transition Services (SB 1169): Amends the Children with Disabilities Article of the School Code in provisions concerning transition services. Provides that, as a component of transition planning, a school district shall provide a student with information about the school district’s career and technical education (CTE) opportunities. The CTE information shall include a list of programming options, and the location of those options. Provides that a student in high school with an individualized education program may enroll in the school district’s CTE program at any time if participation in a CTE program is consistent with the student’s transition goals.

Project Labor Agreement (SB 1360): Requires a Project Labor Agreement (PLA) with local labor unions to receive an owner’s license under the Illinois Gaming Act. States that, for any pending application before the Gaming Board, an applicant must provide proof of compliance within 30 days of this legislation becoming law. Prohibits the Gaming Board from awarding any owners license without compliance of the PLA.

Vets Free Trapping License (SB 1533): Allows a veteran who is certified by the Illinois Department of Veterans’ Affairs to be at least 10 percent disabled with service-related disabilities or who is in receipt of total disability pension may trap, as permitted by the Code, without procuring a trapping license.  Also, a military member returning from mobilization and service outside the United States who is an Illinois resident may trap, as permitted by the Code, without paying any fees required to obtain a trapping license, if he/she applies for the license within two years after returning from service abroad or after mobilization.

Rental Damage Waiver (SB 1536): Provides a vehicle rental company may void the damage waiver if the vehicle is stolen and the renter fails to return the vehicle’s ignition key and key tag identifying the rental vehicle; fails to file a police report within 24 hours of discovery of the theft; and fails to fully cooperate with the rental company, law enforcement agency, or any other authority in all matters connected to the investigation of the stolen vehicle.

Title Transfers (SB 1542): Requires the Secretary of State to remove the registration and the license plate number associated with a VIN before issuing a new certificate of title. Also streamlines the record-keeping required of licensees so there is parity across the industry, but still requires documentation related to the acquisition or disposition of vehicles and their essential parts to be kept for three years.

Salvage Vehicles (SB 1545): Provides that a vehicle of four model years or older, rather than nine model years or older, may be retained by the registered owner instead of by the insurance company, even after the insurance company makes a payment of damages on total loss claim for the vehicle.

Human Rights Housing (SB 1561): States that it is a civil rights violation for a third-party loan modification service provider to refuse to do the following services because of unlawful discrimination, familial status, or an arrest record: 1) Engage in loan modification services or to discriminated in making those services available; or 2) Alter the terms, conditions, or privileges of their services.

Mitigating Factors (SB 1566): Adds pregnancy to the long list of mitigating factors that must be considered by a sentencing judge in a criminal case when determining a sentence to impose upon a defendant who has been convicted of a crime.

Mental Health Resources (SB 1575): Requires the Illinois Department of Human Services to create and maintain an online database and resource page on its website containing mental health resources geared toward first responders in an effort to connect those people with resources related to: crisis services, wellness, trauma information, nutrition, stress reduction, anxiety, depression, violence prevention, suicide prevention, and substance use.

Mental Health Excused Absence (SB 1577): Provides that absence from school for cause by illness shall include the mental or behavioral health of a student for up to five days for which the child need not provide a medical note. The child shall be given the opportunity to make up any school work missed during the mental or behavioral health absence.

Income Tax Cleanup (SB 1582): Provides that winnings from sports wagering is allocable to Illinois and to require withholding on those winnings if withholding is required federally. Provides that notice of the sale be provided to the Illinois Department of Revenue before the sale occurs and to eliminate the requirement that a notice of a bulk sale be submitted to the Department’s Chicago office. Provides that a taxpayer who received tax credits pursuant to an Economic Development for a Growing Economy tax credit agreement, and who ceases operations in Illinois prior to meeting the terms of that agreement, will have its tax liability increased in the year it ceases operations in Illinois.

Guidance Counselor Gift Ban (SB 1640): Provides that a guidance counselor may not solicit or accept any gift from a prohibited source in excess of $100 per year. An intentional violation of the gift ban can be charged as a business offense and is subject to a fine of $1,001 to $5,000.

Land Transfers (SB 1655): Updates land transfers by the Illinois Department of Natural Resources in the City of Wyoming (Rock Island Trail); in Pulaski County (Cache River) and the Dunning Read Conservation Easement.

Mobile Homes (SB 1780): Provides that if exigent circumstances arise, the park owner is responsible for providing a water supply to each household. States that the park owner shall provide water following a three-day period in which the normal supply of water is disrupted, and shall provide water for as long as the disruption in water service continues.

LLC Updates (SB 1795): Makes several conforming and substantive changes about Fiduciary Duties and Operating Agreements to the Illinois Limited Liability Company Act.

Mobile Home Safety (SB 1839): Amends the Illinois Modular Dwelling and Mobile Structure Safety Act. Mandates that any rules or codes enforced by the Department of Public Health with respect to modular dwellings and mobile homes shall not be any more stringent than codes and rules enforced on single or multi-family homes.

Prescription Monitoring Program (SB 1842): Authorizes the Prescription Monitoring Program to issue an unsolicited report to the prescribers and dispensers informing them of potential medication shopping, when a person has been identified as having five or more prescribers, or five or more pharmacies that do not utilize a common electronic file for controlled substances within the course of a six-month period.

Testing Mandates (SB 1854): Amends the Illinois Insurance Code and the Illinois Public Aid Code to mandate coverage for A1C testing and Vitamin D testing. Outlines risk factors and defines terms. 

Juneteenth State Holiday (SB 1965): Provides that June 19 of each calendar year be observed as a state holiday known as “Juneteenth National Freedom Day.”

Mental Health Information (SB 1970): Creates the Access to Basic Mental Health Information Act. Authorizes the following individuals, upon proof of identification, to obtain information regarding a recipient in a mental health facility if the individual declares that he/she is involved in the recipient’s care or paying for the recipient’s care and the individual meets certain requirements:  parent of a recipient; adult sibling of a recipient; adult child of a recipient; spouse of a recipient; adult grandchild of the recipient.

Cottage Foods (SB 2007): Allows the sale of cottage foods directly to consumers through online purchases, pick up or delivery, and at an expanded list of venues outside of the traditional farmers markets. Also expands the list of foods that can be sold by cottage food operators to include fermented or acidified foods, as well as buttercream.

Prostitution Expungement (SB 2136): Requires automatic expungement of all criminal history records of a conviction for felony prostitution committed prior to the effective date of the amendatory Act.

Nurse Staffing Improvement (SB 2153): Creates the Nurse Staffing Improvement Act, which modifies various acts to better engage nurses in the hospital staffing process and address the long-standing issues surrounding nurse shortages in Illinois.

Uniform Electronic Transactions (SB 2176): Creates the Uniform Electronic Transactions Act, which allows electronic signatures for all business transactions to be valid. Applies to all electronic records and signatures related to a transitions unless 1.) A conflict between a law governing wills, codicils, or testaments or 2.) A transactions governed by the Uniform Commercial Code.

IDOR Omnibus Cleanup (SB 2279): Makes changes in four subject areas relating to the Illinois Department of Revenue:  1.) Extend Assessment Life for High Risk; 2). Pollution Control Facility – Effective Date Change; 3.) Statute of Limitations – Extension for Claims; and 4.) Create Fund for Property Tax Appeal Board (PTAB). 

Truancy Changes (SB 2338):  Amends the School Code and the Juvenile Court Act of 1987 to make truancy hearings after three instances of non-compliance permissive instead of mandatory.  If truancy persists, the bill makes mandatory complaints to the State’s Attorney and truancy mediation permissive, and makes a truancy petition for continued truant behavior permissive instead of mandatory. Provides for referral for non-compliance to the Department of Human Services, the Department of Healthcare and Family Services, or any other applicable organization or State agency for socio-emotional based intervention and prevention services.

Forensic Speech Elective (SB 2354):  Offers a forensic speech course (speech and debate) as an additional option to fulfill the elective graduation requirement.  Also, provides that a forensic speech course used to satisfy one of the four years of required language arts classes may not be used to satisfy the elective requirement. 

Banking Emergency (SB 2360): Amends the Banking Emergency Act to provide that on a day when a bank or one of its offices must close due to an emergency or impending emergency, the day shall be deemed a legal holiday with respect to any banking business to reduce liability.

Electronic Signature Waiver (SB 2459): Provides that Illinois Department of Transportation, the Tollway and the Capital Development Board shall accept electronic signatures in transactions.

Official Vacancy Posting (SB 2553): Creates the Local Government Vacancy Posting Act. Requires all units of local government to post every elected official vacancy on its website if the unit has a Web site. The vacancy must remain on the website until the vacancy is filled. Pre-empts home rule.

Drug Court Treatment (SB 2565): Makes changes to the various problem-solving courts under the Drug Court Treatment Act, the Veterans and Servicemembers Court Treatment Act, and the Mental Health Court Treatment Act regarding peer recovery coaches.

Conditional Permanent Residents (SB 2662): Amends the Illinois Identification Card Act to treat conditional permanent residents the same as permanent residents, so that conditional permanent residents’ IDs are no longer “limited term” IDs.

Electronic Notary (SB 2664): Amends the Notary Public Act to create rules and requirements for electronic notarization and electronic notaries. Provides that the Secretary of State will create rules to implement the new electronic notary public procedure and will have authority to create a registry of all notaries in the state.