February 16, 2022

This summary lists the bills that were reported passed by the Senate on February 16, 2022. More information about these bills is available at the Illinois General Assembly Web site at https://ilga.gov/ .

Agriculture

DNR Approval (SB 3103): Amends the State Parks Act. Specifies that certain actions are not violations of the Act if they are done with the approval of the Illinois Department of Natural Resources.

Buckthorn Removal (SB 3433): Amends the Illinois Exotic Weed Act. Provides that Notwithstanding any other provisions for the control of exotic weeds, a municipality may adopt an ordinance to eradicate common buckthorn (Rhamnus cathartica), glossy buckthorn (Rhamnus frangula), saw-toothed buckthorn (Rhamnus arguta), dahurian buckthorn (Rhamnus davurica), Japanese buckthorn (Rhamnus japonica), and Chinese buckthorn (Rhamnus utilis) on all public and private property within its geographic boundaries.

State Fair Revenue (SB 3482): Amends the State Fair Act. Removes provisions requiring all income derived from the sale of advertising at the Illinois State Fair to be deposited in the Illinois State Fair Fund. Removes provisions requiring all income derived from the sale of advertising at the DuQuoin State Fair to be deposited in the Agricultural Premium Fund. Provides that all revenues from the operation and use of any facilities of the Illinois State Fair, the Springfield State Fairgrounds, the DuQuoin State Fair, and the DuQuoin State Fairgrounds (rather than only the Illinois State Fair and the Springfield State Fairgrounds) shall be deposited in the Illinois State Fair Fund.

Behavioral and Mental Health

Statewide Trust Fund (SB 2945): Creates the Statewide 9-8-8 Trust Fund in the State Treasury to create and maintain a statewide suicide prevention and mental health crisis system pursuant to the National Suicide Hotline Designation Act of 2020.

Criminal Law

Testimony of Victims (SB 2942): During a prosecution for certain sex offenses where the victim was under 18 years old at the time of the offense, the court may clear the courtroom of non-interested parties while the victim is testifying even if the victim is now 18 or older.

Education

Retired Chicago Teachers Re-Employment Subject Shortage Areas (SB 3465): Amends the Chicago Teacher Article of the Illinois Pension Code and provides that until June 30, 2024, a retired teacher’s pension shall not be cancelled if the retired teacher is employed in a subject shortage area and the employer meets specified requirements. 

Student Fees (SB 3867): Requires all school boards (including Chicago Public Schools) to waive all fees for each student who have a parent that is a veteran with an income at or below 200 percent of the federal poverty level and would also apply to active-duty military personnel.

Substitute Teachers (SB 3893): Amends the school code pertaining to the number of days that a substitute teacher may teach for any one contracted teacher increasing the days from 90 to 120 beginning with the 2021-2022 school year through the 2022-2023, any year after that the number of days will revert to 90.

Short-Term Substitute Teachers (SB 3915): Waives the $25 application fee for a Short-Term Substitute Teaching License when the Governor has declared a disaster due to a public health emergency. 

Paraprofessional Educator (SB 3988): Allows a paraprofessional educator endorsement on an Educator License with Stipulations to be issued to an applicant who is at least 18 years of age only until the individual reaches the age of 19 years and otherwise meets the criteria for a paraprofessional educator endorsement.

School Counselors (SB 3990): Provides that school counselors can promote career and technical education through their services by assisting students to determine a post-secondary plan that is determined through the assessment of a student’s strengths, skills, and goals. Also, school counselors are required to develop individual career plans with students including planning for post-secondary education and engage in related CTE coursework in high school, and all post-secondary options must be discussed with all students including 4-year colleges or universities, community colleges, vocational schools, and CTE career planning through the engagement in related CTE coursework in high school.

ISBE Annual Clean-Up (SB 4056): Amends the School Code, the School Safety Drill Act, the Property Tax Code, Illinois Pension Code, the Illinois Labor Relations Act, and the College and Career Success for All Students Act. Provides that school bullying policies must be filed with the State Board after being updated no later than Sept. 30. Provides that in monitoring the implementation of the policies, the State Board of Education shall review each school district, charter school, or non-public, non-sectarian elementary or secondary school’s filed policy on bullying to ensure all policies meet requirements by Sept. 30 of the subject year. Provides that if a school fails to file a policy by Sept. 30, then the State Board of Education shall provide a written request for the school to file the policy, and if a school fails to file a policy within 14 days after receiving a written request, then the State Board of Education shall publish notice of the non-compliance on the State Board of Education’s Web site.

Energy and Public Utilities

Electric Vehicle Permit Task Force (SB 3005): Amends the Environmental Protection Act. Provides that the NEW Electric Vehicle Permitting Task Force shall include one member representing a statewide organization of municipalities and (auto manufacturing industry) as authorized under specified provisions of the Illinois Municipal Code and additional member from the automobile manufacturers industry.

Executive

Cannabis Transporting License (SB 3799): Imposes a five-year moratorium on new cannabis transporting licenses from Jan. 1, 2023, to Jan. 1, 2025. Permits current holders of cannabis transporting licenses, who applied for their licenses in 2020, to defer their license fees for up to two years.

UNCF Lottery Scratch-Off (SB 4020): Creates a new scratch off for the United Negro College Fund (UNCF).

Health

Surgical Smoke Evacuation (SB 3011): Provides a new definition for a “surgical smoke plume evacuation system,” which is a dedicated device that is designed to capture, transport, and filter surgical smoke plume. States that the device is to protect all the individuals in the room, not just the employees.

Home Services Program (SB 3132): Authorizes the Spouse to service as Personal Care Providers under the DHS Home Services Program. Subject to federal approval.

Child Services (SB 3747): Creates a comprehensive stakeholder process to help develop standards for hospitals to establish units for children with autism. Also, will provide that child welfare supervisors must satisfy specified requirements. Additionally, this legislation will expand eligibility of the Child Care Assistance program to youth in care and to families receiving Extended Family support as well as provides a definition to “eligible infants and toddlers.”

Extended Family Support (SB 3853): Requires DCFS, beginning Jan. 1, 2023, to implement a three-year pilot program of additional resources for families Extended Family Support Program services for the purpose of supporting relative caregivers.

Demographic Data (SB 4001): Repeals a provision requiring the Department of Human Services to collect and publicly report statistical data on the racial and ethnic demographics of program participants for each program administered by the Department.

Healthcare Access and Availability

Alzheimer’s Disease/Related Dementia (SB 2993):  Amends the Alzheimer’s Disease and Related Dementia Services Act so that the Act will permanently remain in statute. The Act requires all staff that have direct access to Alzheimer’s Disease clients to have at least six hours of training.

Certificate of Birth (SB 3163): Requires the Department of Public Health to issue birth certificates with the identity of the attending physician redacted if requested by anyone 18 or older who is on the birth certificate or in the case of a minor, that person’s parent, legal representative, or attorney.

Nursing Homes Directory (SB 3682):  Requires that Web sites be added to the annual DPH directory of long-term care facilities.

Dementia Training (SB 3707): States that the Illinois Act on the Aging will include anyone who is employed by the Department on Aging, or is contracted with the Department, to provide services to individuals enrolled in the Community Care Program. Requires dementia training for those employed or contracted to be completed within six months of effective date of the law as well as requiring annual continuing education of dementia training.

Higher Education

Student Debt Assistance Act (SB 3032): Creates the Student Debt Assistance Act. Prohibits any institution of higher education from withholding academic transcripts because the student owes a debt to the institution. Prevents the institution from charging addition fees other than the fee for the transcript, less favorable treatment of a transcript request due to debt owed of a former or current student, or using the academic transcript as a tool for debt collection. Requires an institution to implement and offer an interest free student debt repayment plan to any student who owes $250 or more to the institution.

Child Care (SB 3149): Requires the Illinois Student Assistance Commission to annually include information about the Child Care Assistance Program and the federal care allowance in the language that schools are required to provide to students eligible for MAP grants. Also requires any institution of higher learning that participates in MAP to provide information to all eligible students who are enrolled, recently enrolled, or intend to enroll. 

Social Workers (SB 3761): Adds social workers for Illinois municipalities to the School Social Work Shortage Loan Repayment Program, with the stated intent to encourage school social workers to work, and continue to work, in this field in Illinois municipalities.

Social Work Scholarship (SB 3912): Adds social workers for Illinois municipalities to the Post-Master of Social Work Professional Educator License Scholarship with the stated intent to encourage social workers to work, and continue to work, in this field in Illinois municipalities.

Higher Education Savings (SB 3991): Allows the Treasurer’s Office to make supplemental deposits to children in financially insecure households if sufficient funds are available. Adds demographic data to the annual report the Treasurer’s Office publishes on its Web site annually.

Human Rights

Unlawful Discrimination (SB 3616): Creates the CROWN (Create a Respectful and Open Workplace for Natural Hair) Act. Provides that “unlawful discrimination” includes traits historically associated with race, including, but not limited to, hair texture and protective hairstyles such as braids, locks, and twists.

Judiciary

Health Care Surrogate (SB 2974): Amends the Health Care Surrogate Act to allow for surrogate decision makers in Illinois to rely on findings of in-state and out-of-state qualified health care practitioners.

Post-Adoption Reunion (SB 3130): Amends the Children and Family Services Act changing who is eligible for post-adoption reunion services to include former foster siblings and parents instead of just biological parents. Amends the post-adoption reunion services to including former foster parents for a child younger than the age of 18.

Unclaimed Property (SB 3174):  Amends the Revised Uniform Unclaimed Property Act to increase the limits of claims that require filing a claim with the Illinois Treasurer’s Office. Waives the requirement that an heir to unclaimed property submit court-certified copies of legal documents, such as death certificates and wills, to the Treasurer’s Office for claims of less than $250 (currently less than $100). Instead, the heir could submit a notarized “Capacity to Claim Affidavit” to the Treasurer’s Office showing other evidence of the death of the owner is available. Authorizes data matching with the Illinois Department of Revenue, the Illinois Secretary of State, and the State Board of Elections for unclaimed property of $5,000 or less (currently, $2,000 or less) to facilitate the payment of such claims.

Youth/Veteran Benefits (SB 3470):  Amends the Children and Family Services Act to require the Illinois Department of Children and Family Services (DCFS) to review children in their care to determine if the youth is eligible for Social Security. At least annually, DCFS must determine if a youth in their care is eligible for benefits with Social Security. If it is determined that the youth is eligible for benefits, DCFS will ensure that an application is filed out on behalf of the youth. DCFS will also ensure that any youth in care over the age of 18 also has timely applications.

Labor

OSHA (SB 3416): Amends the Occupational Safety and Health Act. Allows the Occupational Safety and Health Administration to send a citation for a violation of this Act via e-mail.

Licensed Activities

IDFOR Applications (SB 670): Amends the Department of Professional Regulation Law of the Civil Administrative Code. Requires the Illinois Department of Financial and Professional Regulation to process an application for license within four weeks after receiving a complete application that contains no deficiencies.

Physical Therapists (SB 3216): Amends the Vehicle Code to add licensed physical therapists to list of people who can verify that a person is a “person with disabilities” under the Code.

Physician Assistant (SB 3498): Amends the Vital Records Act to provide that a “certifying health care professional” under the Act includes a physician assistant.

Mandated Reporters (SB 3833): Amends the Abused and Neglected Child Reporting Act to add physical therapists, physical therapist assistants, occupational therapists, occupational therapy assistants, and athletic trainers to list of mandated reporters.

Local Government

Design-Build Contracts (SB 3795): Creates the County Design-Build Authorization Act permitting a county to enter design-build contracts, allowing for one entity to provide both design and fabrication services. Provides protocol for the solicitation and the selection of such proposals. Provides that a county may not, rather than may, request a best and final offer after the receipt of proposals of all qualified design-build entities removing any opposition.  

Pensions

Chicago Laborers Service (SB 2958): Clarifies calculation of service time given “Union Leave.” For employees that participate in the Chicago Laborer’s Annuity and Benefit Fund, clarifies ambiguity on how contributions for pension credit are to be paid for when the employee is on leave and is employed by the local labor union full time.

IMRF Transfer (SB 3785): Allow credit purchase for Downstate police of IMRF credit for county correctional officers and municipal administrative law enforcement employees. Creates a six-month window for active members of a downstate police pension fund to transfer credit served in IMRF as a county correctional officer and also a person employed by a participating municipality to perform administrative duties is also eligible for the transfer window under the same parameters.

Return to Work Service (SB 4000): States that a retired Chicago teachers re-employed as a teacher or an administrator on a temporary basis may work up 140 days without having their pension cancelled.

Revenue

Hospital Tax Credit (SB 2951): Amends the Illinois Income Tax Act. Extends the sunset date for an additional five years for the income tax credit for hospitals to deduct their property taxes or the cost of providing free/discounted services, whichever is lesser, from Dec. 31, 2022, to Dec. 31, 2027. Removes the sunset provisions from the various sales tax acts to keep the sales tax exemption for personal property sold to hospitals.

Dyed Diesel Tax (SB 3090): Amends the Motor Fuel Tax Law and allows tax-free sales of dyed diesel fuel for non-highway purposes and adds language to clarify for the sale to be tax-free, the sale must be made by a licensed distributor to the end user of the fuel, who is not a licensed distributor.

Vehicle Tax Returns Electronic Filing (SB 3189): Amends the Use Tax Act and the Retailers’ Occupation Tax Act to require vehicle tax returns to be filed electronically unless the retailer can provide evidence that doing so would cause an undue hardship. These returns are sales tax returns car dealerships file with the Department.

Motor Fuel Delivery (SB 3661): Amends the Motor Fuel Tax Law and repeals the requirement that railroad companies, street, suburban or interurban railroad companies, pipeline companies, motor truck or motor tank car companies, water transportation companies, and every person transporting reportable motor fuel to a point in this state from a point without this state report deliveries of motor fuel in the State of Illinois.

IDOR PTAX Training (SB 3685): Requires the Department to conduct property assessment courses and training around the State, to remove the requirement that at least one course be conducted in each county with more than 400,000 inhabitants and to instead allow the courses and training to be conducted virtually.

Omnibus Affordable Housing (SB 3895): Provides that to receive a reduction in assessed value, an owner, for the purpose of the initial application and only until the building is put in service, may provide proof of either a deed restriction or participation in a government program that includes legally enforceable affordability requirements comparable to the requirements of this Code and the chief county assessment officer shall furnish a letter of intent to the applicant indicating that a preliminary assessment of the new construction or qualifying rehabilitation indicates that it will meet all eligibility requirements and adds an immediate effective date.

Chicago Teachers Pension Fund (SB 3957): States that for the two seats elected among active members and the three seats elected from annuitant members, the elections for these seats must take place as soon the first week of November but not later than the third week of November. Currently, such election must take place during the first week of November.

State Government

Youth Entrepreneurs Assistance (SB 2984): Adds youth entrepreneurs to the specified groups to be assisted at Entrepreneurship Assistance Centers.

Historic Preservation (SB 3108): States that the State Museum is to work collaboratively with the Illinois Department of Natural Resources’ Historic Preservation Division in exercising all rights, powers, and duties of the historic preservation act.

Department of Corrections (SB 3180): Provides that for Illinois Department of Corrections (DOC) institutions, a point-of-contact person is required to review promptly and efficiently, and monitor suggestions, complaints, or other requests made by visitors. Requires an annual report to the General Assembly, the first one by Jan. 1, 2023. Detailed reports must be reported on the DOC Web site within 48 hours after they are sent to the General Assembly and Governor.

Technology Development (SB 3777): Adds changes to reporting requirements and investment amount from the State Treasurer pertaining to TDA II-Recipient Funds created by a venture-capital firm.

Community Development Loan (SB 3847): Changes the language to describe “approved” financial institutions rather than just “financial institutions” when pertaining to the State Treasurer Loan Guarantee Program. Also states that the State Treasurer may withdraw funds from any Loan Guarantee Account for a financial institution’s failure to comply with program requirements.

Department on Aging Portal (SB 4024): Removes the requirement that the hyperlink be named “Resident’s Right to Know” from the Department on Aging’s Choice Information Report Portal.

Inspector General Report (SB 4025): Requires the Inspector General to report to the Department of Public Health’s Health Care Worker Registry the identity and finding of each employee of a facility or agency against whom there is a final investigative report prepared by the Office when it contains a substantiated allegation of physical or sexual abuse, financial exploitation, or egregious neglect of an individual. The Report doesn’t have to include the details of the employee if the Inspector General requests a stipulated disposition of the investigative report.

Transportation

Penalty Change (SB 3793): Adds community service as a penalty for failing to stop before meeting or overtaking a school bus that is stopped for the purpose of receiving or discharging pupils and has displayed visual signals.

Veterans Affairs

Flag Presentation (SB 3459): Provides for presentation of the State flag to next-of-kin of all Illinois residents who die on active-duty orders. Allows the Adjutant General to designate a representative to present the State flag.