February 24, 2022

This summary lists the bills that were reported passed by the Senate on February 24, 2022. More information about these bills is available at the Illinois General Assembly Web site at https://ilga.gov/ .

Agriculture

Pet Sales and Care (SB 705): Changes the definition of “Dog Dealer” to not include a person who sells dogs at retail to the public. Changes the definition of “Day Care Operator” to not include facilities where dogs or cats are held for the sole purpose of grooming or facilities where dogs or cats are held for less than 12 hours for training purposes.

Behavioral and Mental Health

Children’s Mental Health (SB 3889): Creates the Children’s Mental Health Council Act. Provides that the Children’s Mental Health Council shall conduct at least four meetings each year, in addition to emergency meetings called by the chairperson of the Council, 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 providing 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.

Commerce

Farmers’ Markets (SB 3838): Exempts farmers who sell their products from the premises of their farm from licensing by the farmer’s local health department. Allows local health departments to issue Farmers’ Market Retail Permits, not to exceed $150, for the sale at farmers’ markets and semi-permanent events. Permits are to be valid for one year. 

Home-Grown Business (SB 3930): Adds notification requirements for potential grants and COVID-19 guidelines to the Illinois Home Grown Business Opportunity Act, as well as creates the Border Community COVID-19 Mitigation Grant Program for businesses and municipalities geographically close to bordering states.

Education

Whole Child Task Force (SB 3845): Requires the Task Force to have goals to ensure that historically disadvantaged males or students of color receive academic equity and achieve academic excellence and is required to consider whether to require every school district to have in their strategic plans a focus on historically disadvantaged males of color. Requires the Task Force to consider whether to establish an office within Illinois State Board of Education to focus on the achievement of academic excellence and equity for historically disadvantaged males of color.

Substitute Teachers (SB 3907): Provides that individuals who hold a Short-Term Teaching License may teach up to 15 consecutive days for a licensed teacher under contract. If a teacher’s absence lasts six or more days an individual with a Short-Term Substitute Teaching License may not substitute for that teacher unless the Governor has declared a disaster due to a public health emergency.

Student Reporting (SB 3936): Creates the Student Confidential Reporting Act and offers for the implementation and administration of Safe2Help Illinois which is a program for the public to report anything regarding intent to cause damage violence or self-hurt to a school, school staff, and students.

Community Career Connections (SB 3972): Requires the State Board of Education and the Department of Human Services to jointly establish and create the Community and Career Connections Program. The Community and Career Connections Program is required to provide high school credits to applicants in participating schools that receives a direct service professional certification. 

Student Assessment (SB 3986): Prohibits the State Board of Education from developing, purchasing, or requiring a school district to administer, develop, or purchase a standardized assessment for students enrolled or preparing to enroll in prekindergarten through grade 2, other than for diagnostic purposes. Prohibits the State Board of Education from providing funding for any standardized assessment of students enrolled or preparing to enroll in prekindergarten through grade 2.

Energy and Public Utilities

Renewable Energy Task Force (SB 3790): Provides for a new task force on recycling ideas for solar, wind, and battery storage energy systems and their life spans.

Alternative Retail Suppliers (SB 3903): Provides new rules for alternative retail suppliers (ARES) at the Illinois Commerce Commission. ARES must maintain sufficient managerial resources and abilities to provide the service for which it has a certificate of service authority. In determining the level of managerial resources and abilities that the ARES must demonstrate, the ICC shall consider complaints from consumers and a list of other factors.

Environment and Conservation

Wastewater Funding (SB 3905): Creates the Municipal Water and Wastewater Funding Study. Creates a committee to study and make recommendations concerning any needed modifications to Illinois Environmental Protection Agency and Illinois Pollution Control Board regulations and policies as they relate to municipal water and wastewater funding to ensure that the communities with the greatest need have access to the programs’ resources.  

Executive

Election Code Shell (SB 829): Provides that the State Board of Elections shall create an accessible vote by mail system for voters with print disabilities. Must be in place by this general election (Nov. 8, 2022). Defines voter with a print disability as “a person having a temporary or permanent physical or mental impairment, such as blindness, low vision, physical dexterity limitations, or learning or cognitive disabilities, that prevents the person from effective reading, writing, or use of printed materials.”  System will deliver ballot to voter electronically. Voters can mark and verify their ballots using assistive technology.

Local Government Consolidation (SB 3789): Creates the Decennial Committees on Local Government Consolidation and Efficiency Act. Requires each unit of local government that can levy any tax (except counties and municipalities) to form a committee to study local efficiencies, including an analysis of whether to consolidate with another unit of local government, municipality, or county; and create a report with recommendations regarding efficiencies, increased accountability, and consolidation.

Illinois Racing Board (SB 4044): Provides that the Illinois Racing Board may appoint the Director of Mutuels to serve as the State director for inter-track wagering and simulcast wagering. Provides that the pari-mutuel tax imposed at all parimutuel wagering facilities and on advance deposit wagering shall be remitted to the Board (rather than the Department of Revenue). States that the Board shall distribute contributed funds to a charitable organization on a schedule determined by the Board, based on the charitable organization’s estimated expenditures related to the grant (rather than by Dec. 31 of each year). Repeals provisions requiring the Board and the Department of Agriculture to establish a program to conduct drug testing on horses at county fairs.

Financial Institutions

Biennial Exams (SB 3787): Provides that a Credit Union may be examined less frequently upon the Secretary’s written statement and authorizes the Department of Financial and Professional Regulation to accept an insurer’s examination. Changes the term categories to “investment grades” to allow permissible municipal investments. Gets rid of language stating bylaws must be “approved by the members” to make it clear that either the Board of Directors or Credit Union members can vote to change the bylaws.

Banking Records (SB 3971): States that a bank can disclose financial records of a customer only after the bank sends a copy of a subpoena, summons, warrant, citation, or court order to the customer at their last known address or by electronic delivery if the customer has consented to electronic updates. Requires each bank to retain its records in a manner consistent with prudent business practices and in accordance with this Act and applicable State or federal laws, rules, and regulations. Each retention system must be able to accurately produce such records. Permits banks to destroy its records subject to retention periods required by State, or Federal laws rules, and regulations. Provides that in the destruction of records, the bank shall take reasonable precautions to ensure the confidentiality of the records.

Health

Healthcare Facility Visitation (SB 1405): Amends the Medical Patient Rights Act to update visitation requirements in the event of a Governor-issued disaster proclamation due to an outbreak or epidemic of communicable disease. Requires healthcare facilities to ensure that a patient or resident has the opportunity for at least one visitor, not including clergy, who shall be permitted to visit with a patient in addition to the permitted number of visitors. Visitation must be subject to guidelines, conditions, and limitations of the facility’s visitation policy, as well as all federal guidelines.

Autism Reporting (SB 4006): Requires the Illinois Department of Human Services, by Dec. 31 of each year, to submit a report to the General Assembly regarding access to applied behavior therapy for persons diagnosed with autism spectrum disorder. Requires the report to contain various information about availability of services in Illinois and access to services for Medicaid children.

Higher Education

Human Services Workers (SB 3925): Creates the Human Services Professional Loan Repayment Program, which shall be administered by the Illinois Student Assistance Commission, to provide loan repayment assistance to eligible direct services professionals practicing in a community-based, human services agency that contracts with or is grant funded by a State agency.

Human Rights

Non-Citizen Reference (SB 3865): Amends various Acts to replace the term “alien” with “non-citizen” regarding non-domestic entities. Also inserts a definition into the FOID Act for “non-citizen” to ensure the FOID Card Act is in compliance with Federal Law at the request of the State Police.

Insurance

Pediatric Palliative Care (SB 3819): Amends the Illinois Insurance Code to mandate coverage for pediatric palliative care and makes changes to the relevant insurance statutes and pushes effective date of coverage back to Jan. 1, 2024.

Drug Information Cards (SB 3910): Updates the drug information cards issued by the plan to insureds with new information regarding the regulatory entity, whether the plan is fully or self-insured, and consumer assistance information. Makes conforming changes under the Uniform Health Care Service Benefits Information Card Act.

Judiciary

Automated Clearing House (SB 62): Provides that for an amount held on a payroll card, an indication of owner interest includes wages paid to an employee in the form of a recurring Automated Clearing House (ACH) credit previously authorized by the apparent owner. However, an ACH credit is not an indication of owner interest if the holder assesses fees for account inactivity on the payroll card account.

Consumer Legal Funding (SB 1099): Creates regulations that all consumer legal funding companies must follow as well as prohibitions on specific business practices. States that a consumer legal funding company must set contracts to resolve at a predetermined amount, based on intervals set on the origin and resolution of the legal claim. A consumer legal funding company cannot set a contract resolution as a percentage of the recovery from the legal claim. The max annual fee a consumer legal funding company can charge is 18 percent of the funded amount in a six-month period.  In addition, to the annual servicing fee, a consumer legal funding company may also collect a $75 per consumer legal funding transaction to covering administration costs. No fees are allowed to extend past 42 months from the funding date. Any consumer legal funding company must apply for a license with the state and will be regulated by the Illinois Department of Financial and Professional Regulation’s Director of Financial Institutions.

Judicial Facilities Fee (SB 3737): Amends the Counties Code to provide the Kendall County Board with the authority to impose by ordinance a judicial facilities fee on civil and criminal cases to help fund the construction of additional judicial facilities at their courthouse. (Currently, Kane and Will County are allowed to levy this fee). Under statute, if passed Kendall County would be allowed to adopt a fee of up to $30 on civil and criminal cases.

Licensed Activities

Professional Counselor (SB 4013): Provides for the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act repealer extension and re-write. Act sunsets Jan. 1, 2028 (instead of Jan. 1, 2023).

Wholesale Drug Distribution (SB 4014):  Provides for the Wholesale Drug Distribution Licensing Act repealer extension and re-write. Act sunsets Jan. 1, 2028 (instead of Jan. 1, 2023).

Naprapathic Practice (SB 4016): Provides for the Naprapathic Practice Act repealer extension and re-write. Act sunsets Jan. 1, 2028 (instead of Jan. 1, 2023).

Funeral Directors, Embalmers (SB 4017): Provides for the Funeral Directors and Embalmers Licensing Code repealer extension and re-write. Act sunsets Jan. 1, 2028 (instead of Jan. 1, 2023).

Local Government

Executive County Boards (SB 1015): Amends the Election Code. Creates two different appointment process for executive county boards. Provides that when a vacancy occurs in Will County the county central committee of each party shall be notified within three days by the executive. The vacancy shall be filled within 60 days by appointment of the county executive with the advice and consent of the county board. In Champaign County when a vacancy occurs, the county board chair/speaker shall notify the county central committee of each political party within three days, and the vacancy shall be filled within 60 days by the appointment of the county board chair with consent by the board.

DuPage Water Commission (SB 1016): Amends the Water Commission Act to allow three municipalities in Kendall County (Montgomery, Oswego, and Yorkville) to have representation on the DuPage Water Commission.

Missing Persons (SB 3932): Provides that a coroner or medical examiner with custody of human remains that are not identified within 72 hours of discovery shall promptly notify the Federal Bureau of Investigation of the location of those remains and the failure to identify the remains. 

Pensions

Accelerated Payment Exemption (SB 3651): Allows for an exemption to the Accelerated Payment made by employers when a member has an increase in reported wages of more than 6 percent in any 12-month period in the final rate of earnings period due to the member being on workers’ compensation. This only changes the timing as Illinois Municipal Retirement Fund employers are statutorily required to make payments.

Early Retirement (SB 3652): Corrects a drafting error in a sample resolution that an employer would use to adopt the early retirement provision. No substantive changes.

Chicago Laborers Service (SB 3778): Allows investigators employed by the Gaming Board or the Department of Revenue to be able to purchase up to five years credit served as a downstate firefighter, Illinois Municipal Retirement Fund (IMRF) county corrections officer, a cook county court services officer, or a police officer at and IMRF municipality. Requires employer, employee contribution plus interest to be paid to make such a purchase.

Widow’s Annuity (SB 4053): States that for Chicago Police and Chicago Fire, starting Jan. 1, 2023, the minimum amount to be paid for a widow’s annuity is to be no less than 150 percent above the federal poverty level (currently, 125 percent).

Revenue

Tax Credit Increase (SB 1143): Amends the Illinois Income Tax Act. Increases the income tax credit for instructional materials and supplies from $250 to $300 beginning in tax years starting on or after Jan. 1, 2023. This tax credit is available to qualified K-12 educators that make qualifying instructional materials/supplies purchases during the tax year.

Recovery and Mental Health Tax Credit (SB 3882): Requires the Department of Human Services to establish and administer a recovery tax credit program to provide tax incentives to qualified employers who employ eligible individuals in recovery from a substance use disorder or mental illness in part-time and full-time positions within Illinois. Creates the Advisory Council on Mental Illness and Substance Use Disorder Impacts on Employment Opportunities within Minority Communities.

Tax Microchips (SB 3917): Creates the Manufacturing Illinois Chips for Real Opportunity (MICRO) Program to be administered by the Department of Commerce and Economic Opportunity and creates various tax incentives for manufacturers of semiconductors, microchips, or semiconductor or microchip component parts, subject to an agreement with the Department of Commerce and Economic Opportunity.

State Government

DNR Advisory Board (SB 3908) – Restarts the DNR Advisory Board and makes changes to its goal and powers that take power away from the board and shifts it to the Director.

DoIT Client Agencies Assistance (SB 3938): Removers provisions requiring the Department of Innovation and Technology to assist client agencies in identifying funding opportunities and ensuring compliance with all applicable laws, regulations, and grant terms. Also removes provisions requiring the Department to develop and implement a comprehensive plan to coordinate or centralize communications services among State agencies with offices at different locations.

DoIT Cybersecurity (SB 3939): Requires the Secretary of DoIT to establish a liaison program for local governments and school districts. Requires every employee of a county, municipality, and school district to complete an annual training program. States that each municipality with a population of 35K or more shall designate a local official as the primary point of contact for cybersecurity issues. Also creates the Technology, Education, and Cybersecurity Fund. It would amend the Freedom of Information Act by adding the exposure of vulnerabilities, policies, or plans of cybersecurity to the exemption list.

Veterans Affairs

Dependents Scholarships (SB 3762): Changes the name of MIA/POW scholarship, eligibility, criteria, and adds covered fees under scholarship. Changes the name of the Children of Deceased Veterans Act, adds to the definition of eligible children, and redefines eligible veteran or serviceperson.