April 6, 2022

This summary lists the bills that were reported passed by the Senate on April 6, 2022. More information about these bills is available at the Illinois General Assembly Web site at https://ilga.gov/ .

Agriculture

Behavior and Mental Health

Inpatient Facility Access (HB 1592): Creates the Mental Health Inpatient Facility Access Act. Requires the Illinois Department of Human Services Division of Mental Health to develop a written plan that addresses improving access to inpatient psychiatric beds in State-operated mental health facilities. Includes provisions specifying requirements for the written plan and requires the plan to be publicly available in one year. Prohibits the Department from making further reductions in State-operated inpatient mental health bed capacity.

Commerce

Criminal Law

Solicit Sexual Act (HB 4593): Deletes the affirmative defense to solicitation of sexual act with a person who is younger than 18 or a person with a severe of profound intellectual disability.  The reason for removing the affirmative defense is that it allows for the offender to simply allege that they reasonably believed the person was age 18 or older, or was not a person with a severe or profound intellectual disability at the time of the act. 

Sex Offenses Consent (HB 5441): Provides that for purposes of the Sex Offenses Article of the Criminal Code, expands the definition of "unable to give knowing consent" to also include when the victim is intoxicated, but the accused did not provide or administer the intoxicating substance.

Education

Debt Limitation (HB 4688): Amends the School Code and in provisions concerning the debt limitations of school districts, provides that, in addition to all other authority to issue bonds: 

  • Mahomet-Seymour Community Unit School District 3 (Rose) may issue bonds with an aggregate principal amount not to exceed $97,900,000, subject to specified conditions;
  • New Berlin Community Unit School District 16 (McClure) may issue bonds with an aggregate principal amount not to exceed $23,500,000, subject to specified conditions;
  • Highland Community Unit School District 5 (Plummer) may issue bonds with an aggregate principal amount not to exceed $40,000,000, subject to specified conditions;
  • Sullivan Community Unit School District 300 (Rose) may issue bonds with an aggregate principal amount not to exceed $25,000,000, subject to specified conditions;
  • Manhattan School District 114 (Joyce) may issue bonds with an aggregate principal amount not to exceed $85,000,000, subject to specified conditions; and
  • Golf Elementary School District 67 (Villivalam) may issue bonds with an aggregate principal amount not to exceed $56,000,000, subject to specified conditions.

These schools have referendum questions on the June 28, 2022, primary ballot

Environment and Conservation

Executive

Wine Manufacturer Fees (SB 1001): Amends the Liquor Control Act of 1934. Reverts the licensing fees for first-class wine manufacturers and first-class wine makers to the fee structure prior to the passage of HB 2620/PA102-0442 last spring. Lowers the initial licensing fee from $1,500 to $900, and the renewal fee from $1,200 to $750.

Nursing Home Reform (HB 246): Implements a comprehensive nursing home reform effort that represents an 18-month collective effort of the Health Care Council of Illinois, Leading Age Illinois, Illinois Health Care Association, and the Illinois Department of Healthcare and Family Services to reform the nursing home rates in Illinois.  Issues addressed include: Emergency Rules and Implementation Timeline; and Rate Changes – Regional Wage Adjuster, Variable Staffing Per Diem, Base Rate Increase, Transitional Per Diems, Medicaid Access Adjustment, Quality of Care Incentive Per Diem, Tenure Incentives, Bed Tax, and Nursing Facility Ownership Transparency.

Student Athletes (HB 1175): Amends the Student-Athlete Endorsement Rights Act. Adds the definition of “booster” and “enrolled.” Removes the requirement that a student-athlete must be represented by a “certified” agent. Requires a student athlete to provide the postsecondary educational institution with written notice and a copy of any agreement entered into for professional representation in a manner and time prescribed by the institution (rather than within seven days), if the agreement involves cash or other compensation to the student-athlete that is equal to or in excess of a value of $500.

Land Transfer (HB 4219): Amends the Illinois and Michigan Canal Development Act. Allows the Village of Lemont to exchange a small portion of Illinois and Michigan Canal lands to a nongovernmental entity for lands that are equal or greater in value. Any transfer of property must have been appraised by two MAI appraisals any be able to be used for recreational, park, and parking purposes without additional cost to the Village of Lemont. Any land transferred must also be continuous to all other Illinois and Michigan Canal lands currently owned by the Village.

Warranty Deeds (HB 4270): Amends the Conveyances Act to create a statutory form for special warranty deeds, one of the most common deeds used in commercial real estate practice. Currently, no special warranty deed exists in statute.

Rifle Deer Hunting (HB 4386): Provides that a centerfire rifle may be used to harvest deer during the firearm open season set by the Director of Natural Resources annually. Provides that all straight walled rifle rounds are legal ammunition for a centerfire rifle. 

License Organ Donor (HB 4696): Amends the Department of Natural Resources Act. Provides that the Department shall offer to each successful purchaser of a hunting license the opportunity to be redirected to the First Person Consent organ and tissue donor registry website maintained by the Secretary of State. 

County Design-Build Authorization (HB 4772): Creates the County Design-Build Authorization Division for Counties to permit counties to enter design-build contracts.

Birth Center Licensing (HB 5012): Provides clean-up language from the Illinois Department of Financial and Professional Regulation for the Licensed Certified Professional Midwife Practice Act. 

Financial Institutions

Healthcare Access and Availability

Higher Education

Insurance

Health Plan Revisions (SB 3926): Amends the Illinois Insurance Code to prohibit insurers from issuing, amending, delivering, or renewing a short-term, limited-duration insurance plan to any natural or legal person residing or domiciled in Illinois, and prohibits companies from issuing these short-term policies beginning Jan. 1, 2023. 

Prepaid Funeral/Burial (HB 4979): Provides that at any time after submitting an application for medical assistance and before a final determination of eligibility has been made by the Illinois Department of Healthcare and Family Services, an applicant may use available resources to purchase an exempted prepaid funeral or burial contracts. Amends the Insurance Code regarding irrevocable assignment of life insurance to a funeral home.

Judiciary

Condo Association (HB 5246): Amends the Condominium Property Act so that the principal officer of the unit owner's association or other officer specifically designated shall furnish specified information relevant to the condominium when requested in writing, and within ten business days, rather than 30 days, of the request by the prospective purchaser. Limits the fee charged by the association or its Board of Managers covering the direct out-of-pocket cost of providing and copying the information to $375, adjusted annually for CPI. Allows an association to charge an additional $100 for rush service completed within 72 hours.

Labor

Licensed Activities

Behavior Analyst (HB 4769): Creates the Behavior Analyst Licensing Act. Provides for the licensure of behavior analysts through the Illinois Department of Financial and Professional Regulation.

Real Estate (HB 5167): Amends and updates several state Acts as part of the omnibus Illinois Department of Financial and Professional Regulation rewrite of the Real Estate Division.

Local Government

Library Districts (HB 5283): Provides that a board of trustees for a library district may, instead of electing a treasurer from among the trustees, by majority vote of the board, appoint and fix the compensation of a qualified treasurer that is not a trustee. 

Pensions

Additional Paid Days (HB 5472): Amends the Illinois Pension Code in the Downstate Teacher Article.  Provides that during the period between July 1, 2021, and June 30, 2022, adds 20 paid days in each school year for already retired teachers returning to the job.

Revenue

School Facility Tax (HB 4326):  Provides that beginning in Fiscal Year 2023, of the 2 percent of funds collected from the school facility occupation tax and deposited for administrative purposes, 50 percent shall be deposited into the Tax Compliance and Administration Fund to be used by the Illinois Department of Revenue to cover the costs of the Department and 50 percent shall be distributed to the regional superintendent of schools to cover the costs in calculating and distributing these monies to the county’s school districts.

Mental Health Board (HB 4452): Amends the Community Mental Health Act to correct an error and a discrepancy in the tax referendum language to provide that the referendum language in respect to the annual tax levied shall provide that the question on the referendum will reference a tax “not more than 0.15 percent” instead of “not to exceed 0.15 percent.”

State Government

Elevator Safety/Fire Equipment Distributor (HB 1449): Provides for the Regulatory Sunset Act Repeal and Re-write of the Elevator Safety and Regulation Act and the Fire Equipment Distributor and Employee Regulation Act. Make revisions to licensing Acts and provides of sunset date on Jan. 1, 2028 (instead of Jan. 1, 2023).

Asian Indian American Council (HB 4070): Creates a 21-member Illinois Asian Indian American Advisory Council appointed by the Governor and four legislative leaders to advise the Governor and General Assembly about policy issues impacting Asian Indian Americans and immigrants. The council is to meet at least once quarterly and issue two reports per year, one by June 30 and one by December 31 of each calendar year.

Veterans Services Scratch-Off (HB 4682): Expands causes funded from the Illinois Veterans Assistance Fund to include behavioral health services (currently only covers PTSD) as well as veterans emergency financial assistance. Examples of emergency financial aid include but aren't limited to past due utilities, housing, and transportation costs.

Sweet Corn Day (HB 4766): Designates August 1 of each year as Sweet Corn Appreciation Day to be observed throughout the State as a day to celebrate the importance of sweet corn to Illinois agriculture and to recognize family farmers.

IEMA Disaster Relief (HB 4783): Amends the Disaster Relief Act to state that the term "disaster" is to have the same meaning as provided in the Illinois Emergency Management Agency Act.

Illinois America 250 Commission (HB 5015): Create a statewide Commission to plan for, and serve as the formal host of, Illinois' celebration of the nation's 250th birthday. The Commission will include four members appointed by each of the State's four legislative leaders.

Agriculture Equity Commission (HB 5201): Establishes the Agriculture Equity Commission. The Agriculture Equity Commission to ensure equity in the State's top job producing industry by recognizing the loss to African American farmers and growers and the difficulties other minorities have faced in the agriculture industry and the effect those difficulties have on the food system, health, and economy of vulnerable communities.

Transportation

Annexation/Disconnect Notice (HB 5098): Requires municipalities to provide notice to the Illinois Department of Transportation when initiating annexations or disconnection.

School Zone Speeding Fines (HB 5328): Increases fines for speeding in a school zone.