February 7, 2022

This summary lists the bills that were passed by Senate Committees during the week of January 31 to February 4, 2022, as reported on February 7, 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

Direct Support Person (SB 3156): Amends the Mental Health and Developmental Disabilities Administrative Act. Changes references from "direct support person" to "direct support professional". Provides that the direct support professional credential pilot program shall be administered by the Division of Developmental Disabilities of the Department of Human Services or a Division partner.

 

Mental Health Assessment (SB 3438): Creates the Mental Health Assessment Reform Act. Provides that the purpose of the Act is to remove barriers to care in the Medicaid mental health assessment and treatment planning process. Provides that the Department of Healthcare and Family Services shall clearly identify the minimum information necessary to establish and document medical necessity in an individual's medical record for each community mental health general rehabilitation option service.

 

Commerce

Food Delivery (SB 2975): Creates the Fair Food Delivery Act to address the instance where third party delivery services, would infringe on merchants and restaurants trademarks while delivering products. This has been a problem throughout the country and stores have sued DoorDash for this infringement. 

Journalism Task Force (SB 3082):  Adds five new members to the Journalism Task Force, passed last year. Adds that any additional appointments are to be made 30 days after the effective date of the amendatory Act.

Criminal Law

Child Sex Offender (SB 3019): Prohibits a child sex offender from operating, managing, being employed by, or associating with any carnival, amusement enterprise, or fair when children are present. Currently only applies to county fairs.

No Contact Protection Orders (SB 3157): Clarifies that when a petition for an emergency stalking no contact order or emergency civil no contact order is filed, the petition and file shall not be public and shall only be accessible to the court, law enforcement, petitioner, victim advocate, counsel of record for either party, and the State's Attorney for the county until the petition is served on the respondent.

Education

Expansion of Return to Work (SB 3201): Increases the number of days a retired teacher may teach without it affecting his or her retirement status to 150 days or 750 paid hours in a school year with no more than 100 paid days in the same classroom. If the employment is not within the school year during which their service terminated effective July 1, 2021, through June 30, 2023.  As well as provides that beginning July 1, 2023, a retired teacher would be able to teach without it affecting his or her retirement status up to 120 paid days or 600 paid hours in each school year.

 

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.  

Environment and Conservation

Coal Combustion Residual (SB 3073): Provides that all Coal Combustion Residual (CCR) generated by the electric generating industry located in a municipality bordering Lake Michigan with greater than 75,000 inhabitants but fewer than 150,000 inhabitants shall be removed from the site.

 

Rivers Coordinating Council (SB 3178): Codifies the executive order (2013) that consolidated various Illinois rivers councils into the Rivers of Illinois Coordinating Council (RICC), with the only changes being an increase in the size of the Council from 19 to 20 members, by adding the Illinois State Water Survey.  

Executive

Municipal Foreign Fire Insurance Board (SB 1571): Changes the foreign fire insurance fee rate from up to 2 percent to 2 percent.  Fees collected by a municipality or third-party organization, such as IML, must be paid to the foreign insurance board. Pre-empts home-rule, requiring each municipality to assess the fee. Provides fire insurance boards the ability to hold and manage these funds along with the ability to sue for violations of the foreign fire insurance statute. 

Procurement Single-Use Plastic (SB 1915): Bans the state and state venders from offering single-use plastic foodware at state parks and natural areas. Gives preference to venders that use compostable or recyclable foodware.

Health

Hospital Licensing (SB 2977): Expands the language of the Hospital Licensing Act to include that no patient may abuse another patient in addition to the current language that states no staff may abuse a patient in a hospital.

 

Prescription Inquiry System (SB 3024): Allows County Health Departments access to data from the prescription inquiry system for educational, intervention, fraud prevention, and analysis purposes.

 

Interagency Agreement (SB 3172): Amends the Custody Relinquishment Prevention Act and requires state agencies (DCFS, DHS, DHFS, ISBE, DJJ, and DPH) to enter into a 10-year extension of the interagency agreement required by PA 98-0808 for the purposes of preventing parents from relinquishing parental custody of a child because of the child's mental health issues.

Healthcare Access and Availability

Underserved Physician Workforce (SB 3017): Allows OBGYN physicians to participate in the Underserved Physician Workforce Program (UPW) under privately owned rural hospitals. Committee Amendment 1 will add Physician Assistants and Advanced Practice Nurses to the list of current Physicians that will be able to qualify for the Underserved Physician Workforce program at privately owned rural practice locations.

 

Commission on LGBTQ Aging (SB 3490): Creates the commission on LGBTQ aging to investigate and study the health, housing, financial psycho-social, home and community-based services, assisted living and long-term care needs of LGBTQ older adults and their caregivers. Requires the Commission to make recommendation to improve access to benefits and services. Requires the Director of the Illinois Department on Aging to designate an LGBTQ Older Adult Advocate. Requires all providers who receive funding from the department to complete curriculum and training on the prevention and elimination of discrimination based on sexual orientation, gender identity, and gender expression. States that of the 23 citizen members of the existing council on aging, at least seven members must represent LGBTQ and ethnically diverse individuals.

Human Rights

Immigration Counsel (SB 3144): Creates the Right to Counsel in Immigration Proceedings Act. Establishes the Task Force on Counsel in Immigration Proceedings. Provides for members, compensation, and support staff. Provides that the Task Force shall investigate the implementation of universal representation for covered individuals in immigration removal proceedings. Provides that the Task Force shall submit a report of its findings in the investigation and its recommendations for how to fully provide legal representation for covered individuals facing immigration proceedings no later than July 1, 2023.

Judiciary

Parenting Coordinator (SB 3083): Amends the Illinois Marriage and Dissolution of Marriage Act to enact a parenting coordinator parenting coordinator statute to help resolve immediate and minor emergency issues causing conflict in families. If a dispute arises, a parenting coordinator may be appointed by the court to determine the best interest of the parties involved in the case. The intent is to reduce the backlog of cases in family cases without the need of mediation or court intervention for cases that are in court merely to resolve parenting issues quickly.

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.

Labor

One Day of Rest in Seven Act (SB 3146): Provides that any employer found in violation of this act shall be guilty of a CIVIL offense and requires a 24-hour rest period in a seven consecutive day period. 

 

Child Actors Work (SB 3161): Allows for a child younger than age 16 who is working as a child performer, to work until 10:00 p.m. without a waiver from the Illinois Department of Labor. Also, includes additional factors that the department of labor is to consider when granting a waiver for children working from 12:30 a.m. to 5:00 a.m.

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

Crematory regulation (SB 3092): Amends the Crematory Regulation Act to provide that various signatures required under the Act can be in either paper or electronic format.

 

Dental Hygienists (SB 3122): Amends the Illinois Dental Practice Act to provides that the definition of “Public Health Setting” will now include nursing homes and long-term care facilities. This would allow hygienists to practice independently without an accompanying dental exam in these settings.

 

Professionals Health Program (SB 3166): Amends the University of Illinois Hospital Act, the Assisted Living and Shared Housing Act, the Community Living Facilities Licensing Act, the Life Care Facilities Act, the Nursing Home Care Act, the MC/DD Act, the ID/DD Community Care Act, and the Hospital Licensing Act to provides that hospitals, establishments, or facilities organized or licensed under the Acts shall ensure that nurses employed by the hospital, establishment, or facility are aware of the Illinois Professionals Health Program (IPHP) by completing specified requirements.

 

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.

Pensions

Chicago Laborers Board (SB 2952): Allows the City Treasurer of Chicago to appoint a designee from among employees of the City who is versed in the affairs of the Treasurer's office to act in the absence of the Treasurer on matters pertaining to administration of the Labor Employee's Annuity and Benefit Fund of the City.

 

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.

 

Chicago Teachers (SB 2989): Allows Chicago teachers to buy up to two years of credit for service at parochial school.

 

Chicago Firefighters (SB 3177): States that a fireman who withdraws before age 50, and a fireman with 10 years of service who withdraws before age 57, has a right to a refund of the entire amount as of the date of withdrawal. Makes changes retroactive to Aug. 6, 2021.

 

Police Investment Fund (SB 3211): States that the transition period for local police pension funds to be transferred into the Police Officer's Pension Fund is to end by June 30, 2023, rather than the currently required timeframe of before July 2022.

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.

Mining Equipment (SB 3065): Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act. Extends the current sales tax exemption for equipment used in mining by five years to July 1, 2028. The exemption is currently scheduled to sunset July 1, 2023.

Tax Deeds Petitions (SB 3097): Amends the Property Tax Code. Requires that, after filing a petition to obtain a tax deed, the owner of a certificate of purchase must file with the clerk of the circuit court the names and addresses of persons who are entitled to service of notice. Currently, that notice is filed with the county clerk.

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.

State Government

Elevator Safety (SB 3045): Amends the Elevator Safety and Regulation Act to stipulate that the Act applies to State owned buildings in Chicago (previously exempt from the Act).

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.

Geographic Research (SB 3179): Creates the Illinois Center for Geographic Information Act, which authorizes a new research center within the Prairie Research Institute at U of I to evaluate proposal and make recommendations to the Governor and General Assembly on efficient development and use of geographic information management technology for state, regional, local, and academic agencies/institutions.

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 website within 48 hours after they are sent to the General Assembly and Governor.

DCFS Caseworkers (SB 3197): Make clear that Illinois Department of Children and Family Services caseworkers are eligible for catastrophic injury/death health insurance premium coverage. Amends the Group Health Insurance Act of 1971 to preserve the impetus of the underlying bill but more specifically describes occupation death benefits to where insurance premiums are to be covered for the survivor and dependents.