Rep. Suzanne Ness

Amends the School Code to require a high school to include in its curriculum a unit of instruction about the process of naturalization by which a foreign citizen or foreign national becomes a U.S. citizen. Provides that the course of instruction shall include content from the components of the naturalization test administered by the U.S. Citizenship and Immigration Services. Provides that each school board shall determine the minimum amount of instructional time required. Effective immediately. House Floor Amendment No. 1 Provides that every public high school may include (rather than shall include) in its curriculum a unit of instruction on the process of naturalization.

Amends the Abused and Neglected Child Reporting Act. In provisions concerning persons authorized to have access to reports of child abuse or neglect, provides that State's Attorneys are authorized to receive unfounded reports for the purposes of screening and prosecuting court petitions making an allegation of abuse or neglect relating to the same child, a sibling of the child involving the same perpetrator, or a child or perpetrator in the same household as the child for whom the petition is being filed. Provides that parties to juvenile court proceedings are entitled to receive copies of unfounded reports regarding the same child, a sibling of the child, or a child or perpetrator in the same household as the child, including a household from which a child was removed or into which a child may be placed for purposes of certain types of juvenile court hearings. Amends the Juvenile Court Act of 1987. Requires the Department of Children and Family Services to notify parties of the final finding on a report of alleged abuse or neglect within 5 days after the Department classifies the report. Provides that a court shall not terminate wardship if there is a pending investigation involving any person acting in a caretaker role in the minor's household, unless the court makes written factual findings that, despite the pending investigation, there is no risk of abuse or neglect to the minor, that good cause exists to terminate wardship, and it is in the minor's best interest to terminate wardship. Effective upon becoming law, except some provisions take effect January 1, 2022. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Further amends the Abused and Neglected Child Reporting Act by providing that parties to juvenile court proceedings are entitled to receive copies of unfounded reports regarding the same child, a sibling of the child, the same perpetrator, or a child or perpetrator in the same household as the child for purposes of certain types of juvenile court hearings (rather than parties to juvenile court proceedings are entitled to receive copies of unfounded reports regarding the same child, a sibling of the child, or a child or perpetrator in the same household as the child, including a household from which a child was removed or into which a child may be placed, for purposes of certain types of juvenile court hearings). Makes revisions to language in the introduced bill concerning the admissibility of unfounded reports in certain judicial proceedings and hearings. Further amends the Juvenile Court Act of 1987. In a provision requiring the Department of Children and Family Services to notify parties of its final finding in an abuse or neglect report, requires the Department to notify the parties within 10 days (rather than 5 days) after the abuse or neglect report is classified by the Department. Removes language requiring the Department to provide the parties with copies of the abuse or neglect report. In a provision concerning the duration of wardship, provides that to terminate wardship, the court shall consider a pending investigation in accordance with the Abused and Neglected Child Reporting Act, if any, involving any person acting in a caretaker role in the minor's household, and make written factual findings that, despite the pending investigation, there is no risk of abuse or neglect to the minor, and it is in the minor's best interest to terminate wardship. Senate Floor Amendment No. 2 Deletes reference to: 705 ILCS 405/2-8.1 new 705 ILCS 405/2-31 from Ch. 37, par. 802-31 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Further amends the Abused and Neglected Child Reporting Act by providing that parties to juvenile court proceedings are entitled to receive copies of unfounded reports regarding the same child, a sibling of the child, the same perpetrator, or a child or perpetrator in the same household as the child for purposes of certain types of juvenile court hearings (rather than parties to juvenile court proceedings are entitled to receive copies of unfounded reports regarding the same child, a sibling of the child, or a child or perpetrator in the same household as the child, including a household from which a child was removed or into which a child may be placed, for purposes of certain types of juvenile court hearings). Makes revisions to language in the introduced bill concerning the admissibility of unfounded reports in certain judicial proceedings and hearings. Removes the amendatory changes made to the Juvenile Court Act of 1987 in the introduced bill. Changes the effective date to immediate.

Amends the State Treasurer Act. Provides that for purposes of the ABLE account program, a designated beneficiary means the ABLE account owner. Provides that upon the death of a designated beneficiary, proceeds from an account may be transferred pursuant to a payable on death account agreement. Provides that upon the death of a designated beneficiary, the State Treasurer may require verification that the funeral and burial expenses of the designated beneficiary have been paid. Makes conforming changes. Effective immediately.

Amends the Managed Care Reform and Patient Rights Act. Requires health insurance carriers that provide coverage for prescription drugs to ensure that, within service areas and levels of coverage specified by federal law, at least half of individual and group plans meet one or more of the following criteria: apply a pre-deductible and flat-dollar copayment structure to the entire drug benefit, limit a beneficiary's monthly out-of-pocket financial responsibility for prescription drugs to a specified amount, or limit a beneficiary's annual out-of-pocket financial responsibility for prescription drugs to a specified amount. Provides that all plans for prescription drugs offered under the amendatory Act must be clearly and appropriately named, marketed in the same manner as other plans offered by the health insurance carrier, and offered for purchase to any individual and group plan sponsor. Effective January 1, 2022. House Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Managed Care Reform and Patient Rights Act. In provisions concerning individual health plans that provide coverage for prescription drugs, provides that beginning January 1, 2023, health insurance carriers shall ensure that at least 10% of individual health care plans offered in each applicable service area apply a flat-dollar copayment structure to the entire drug benefit; and beginning January 1, 2024, health insurance carriers shall ensure that at least 25% of individual health care plans offered in each applicable service area apply a flat-dollar copayment structure to the entire drug benefit. In provisions concerning group health plans that provide coverage for prescription drugs, provides that beginning January 1, 2023, health insurance carriers shall offer at least one group health plan in each applicable service area that applies a flat-dollar copayment structure to the entire drug benefit; and beginning January 1, 2024, health insurance carriers shall offer at least 2 group health plans in each applicable service area that apply a flat-dollar copayment structure to the entire drug benefit. Provides that the flat-dollar copayment structure for prescription drugs must be applied pre-deductible and be reasonably graduated and proportionately related in all tier levels such that the copayment structure as a whole does not discriminate against or discourage the enrollment of individuals with significant health care needs. Requires the health insurance carriers to clearly and appropriately name the plans to aid in individual or group plan selection. Requires the health insurance carriers to market the plans in the same manner as their other plans. Requires the Department of Insurance to adopt rules necessary to implement and enforce the provisions. Effective January 1, 2023.

Creates the Prescription Drug Repository Program Act. Requires the Department of Public Health to, by rule, establish a prescription drug repository program, under which any person may donate a prescription drug or supplies needed to administer a prescription drug for use by an individual who meets eligibility criteria specified by the Department. Sets forth requirements that prescription drugs or supplies must meet in order to be accepted and dispensed under the program. Provides that no drugs or supplies donated under the prescription drug repository program may be resold. Provides that nothing in the Act requires that a pharmacy or pharmacist participate in the prescription drug repository program. Provides for civil and criminal immunity for drug and supply manufacturers and individuals in relation to the donation, acceptance, or dispensing of prescription drugs or supplies under the prescription drug repository program. Imposes conditions on any rulemaking authority. Amends the Pharmacy Practice Act, the Wholesale Drug Distribution Licensing Act, the Senior Pharmaceutical Assistance Act, the Illinois Food, Drug and Cosmetic Act, the Illinois Controlled Substances Act, and the Cannabis and Controlled Substances Tort Claims Act to provide that persons engaged in donating or accepting, or packaging, repackaging, or labeling, prescription drugs to the extent permitted or required under the Prescription Drug Repository Program Act are exempt from provisions of those other Acts that might prohibit or otherwise regulate such activity. House Committee Amendment No. 1 Replaces everything after the enacting clause. Creates the Illinois Drug Reuse Opportunity Program Act. Provides that, notwithstanding any other law or rule, donors may donate drugs to recipients and recipients may receive donated drugs from donors. Provides that recipients shall only dispense or administer drugs to eligible patients, further donate drugs to another recipient, or dispose of drugs in accordance with specified provisions. Provides that drugs donated for use under the Act are considered nonsaleable. Provides that, when dispensing a drug to an eligible patient, the recipient must do so at no cost to the eligible patient, except that a reasonable handling fee may be charged. Provides that recipients may only dispense or administer a prescription drug or provide an over-the-counter drug if specified requirements are met. Provides that recipients shall, to the greatest extent practicable, dispense drugs received under the Act to priority patients. Provides that drugs may be accepted under the Act only if specified requirements are met. Contains requirements for the further donation of drugs by a recipient. Contains provisions regarding the disposition of specified drugs. Provides that nothing in the Act requires that a pharmacy or pharmacist be a recipient of drugs under the Act. Provides that the Act shall supersede any inconsistent law or rule for activities conducted under the Act. Contains other provisions. Amends the Pharmacy Practice Act, the Wholesale Drug Distribution Licensing Act, the Senior Pharmaceutical Assistance Act, the Illinois Food, Drug and Cosmetic Act, the Illinois Controlled Substances Act, and the Cannabis and Controlled Substances Tort Claims Act to provide that persons engaged in donating or accepting, or packaging, repackaging, or labeling, prescription drugs to the extent permitted or required under the Illinois Drug Reuse Opportunity Program Act are exempt from provisions of those other Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Provides that "prescription drug" does not include a drug for the treatment of cancer that can only be dispensed to a patient registered with the drug manufacturer in accordance with the federal Food and Drug Administration's requirements. Provides that when dispensing a drug to an eligible patient, the recipient must do so at no cost to the eligible patient, except that a uniform reasonable handling fee (rather than a reasonable handling fee) may be charged.

Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that "step-parent" includes a person joined in a civil union to a child's parent. Deletes language providing that: all counseling sessions shall be confidential; and communications in counseling shall not be used in any manner in litigation nor relied upon by any expert appointed by the court or retained by any party. Effective immediately. House Floor Amendment No. 1 Deletes reference to: 750 ILCS 5/600 750 ILCS 5/602.9 Replaces everything after the enacting clause. Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that court-ordered counseling is subject to the Mental Health and Developmental Disabilities Confidentiality Act and the federal Health Insurance Portability and Accountability Act of 1996. Deletes language providing that: all counseling sessions shall be confidential; and communications in counseling shall not be used in any manner in litigation nor relied upon by any expert appointed by the court or retained by any party. Effective immediately.

Amends the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services to increase rates and reimbursements in effect on June 30, 2021 payable to Illinois not-for-profit community-based agencies in order to increase access utilization of individual and group supported employment, increase acuity-based rate differentials in on-site and off-site community day services, and other matters. Provides that beginning January 1, 2022, for a medical assistance recipient who is a resident in a facility licensed under the Community-Integrated Living Arrangements (CILA) Licensure and Certification Act, the State shall pay an amount in addition to the minimum monthly personal needs allowance authorized under the Social Security Act so that the person's total monthly personal needs allowance from both State and federal sources equals $90. Provides that beginning no later than October 1, 2022, residents of CILA facilities who are eligible for medical assistance and are enrolled in the State's home and community-based services waiver program for adults with developmental disabilities shall retain all earned income from employment or community day services activities. Amends the Illinois Procurement Code. In a provision requiring the State Use Committee to review the pricing of supplies and services procured by the State from a qualified not-for-profit agency for persons with significant disabilities, provides that the Committee may consider during its review certain factors including, but not limited to, amounts private businesses would pay for similar products or services. Effective immediately. House Committee Amendment No. 1 Deletes reference to: 305 ILCS 5/5-5.4i 305 ILCS 5/5-35 Further amends the Illinois Procurement Code. Removes language stating that the purpose of the Code's provisions concerning not-for-profit agencies for persons with significant disabilities is to further the State's Employment First Policy via the Illinois Employment First Act by maximizing its investment in job opportunities that afford individuals with disabilities competitive wages and allow those individuals to achieve maximum independence through employment. Removes language requiring that supplies and services be procured without advertising or calling for bids from any qualified not-for-profit agency for persons with significant disabilities that pays at least minimum wage or better. Removes the amendatory changes made to the Illinois Public Aid Code concerning an increase in rates and reimbursements to not-for-profit community-based agencies and an increase in personal needs allowances for residents of Community-Integrated Living Arrangements. Senate Committee Amendment No. 1 Provides that beginning July 1, 2021 (rather than October 1, 2022) residents of community-integrated living arrangements who meet specified criteria shall retain all earned income from employment or community day services activities.

Amends the Counties Code. Provides that a county that is authorized to impose a Special County Retailers' Occupation Tax For Public Safety, Public Facilities, Mental Health, Substance Abuse, or Transportation may establish a 7-member board, which shall oversee the use of funds received from the tax. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. Provides that each county that imposes a special county occupation tax for public safety, public facilities, mental health, substance abuse, or transportation shall (in the introduced bill, may) establish a 7-member board to administer the tax. Provides that home rule units are exempt from the provisions of the amendatory Act but may adopt some or all of its provisions by ordinance. Sets forth the terms of the members of the Board. Provides for the removal of members of the board by the appointing authority. Senate Floor Amendment No. 2 Replaces everything after the enacting clause. Amends the Counties Code. Provides that a county that is authorized to impose a Special County Retailers' Occupation Tax For Public Safety, Public Facilities, Mental Health, Substance Abuse, or Transportation shall establish a 7-member mental health board, which shall have the same powers and duties and be constituted in the same manner as a community mental health board established under the Community Mental Health Act. Provides that moneys from the special county retailers' occupation tax that are earmarked for mental health or substance abuse purposes shall be deposited into a special county occupation tax fund for mental health and substance abuse. Provides that that fund shall be administered by the 7-member mental health board.

Amends the Use Tax Act and the Retailers' Occupation Tax Act. Provides that, beginning 120 days after the effective date of the amendatory Act, the term "selling price" no longer includes the value of traded-in motor vehicles. Amends the Illinois Vehicle Code. In a Section concerning the use tax on motor vehicles, makes changes concerning the amount of the tax. Effective immediately. House Floor Amendment No. 1 Adds reference to: 625 ILCS 5/1-216.5 new 625 ILCS 5/3-819 from Ch. 95 1/2, par. 3-819 625 ILCS 5/3-821 from Ch. 95 1/2, par. 3-821 Replaces everything after the enacting clause. Amends the Use Tax Act and the Retailers' Occupation Tax Act. Provides that, beginning on January 1, 2022, the term "selling price" no longer includes the value of traded-in motor vehicles. Amends the Illinois Vehicle Code. Defines "utility trailer". Provides for a flat weight trailer tax of $36 for utility trailers. Decreases the flat weight tax for Class TA trailers from $118 to $36. Increases the certificate of title fee for vehicles other than all-terrain vehicles, off-highway motorcycles, motor homes, mini motor homes, and van campers from $150 to $155 and provides that the additional fee amount shall be deposited into the Road Fund. In a Section concerning the use tax on motor vehicles, makes changes concerning the amount of the tax. Effective January 1, 2022. House Floor Amendment No. 2 Removes language including only trailers weighing between 2,000 pounds and 3,000 pounds within the TA trailer class, and restores language including all trailers weighing 3,000 pounds and less within the TA trailer class.

Amends the Government Severance Pay Act. Makes a technical change in a Section concerning the short title. Senate Floor Amendment No. 2 Deletes reference to: 5 ILCS 415/1 Adds reference to: 20 ILCS 3305/23 new Replaces everything after the enacting clause. Amends the Illinois Emergency Management Agency Act. Creates the Access and Functional Needs Advisory Committee. Provides that the Advisory Committee shall: (1) research and provide recommendations for identifying and effectively responding to the needs of persons with access and functional needs before, during, and after a disaster using an intersectional lens for equity; (2) provide recommendations to the Illinois Emergency Management Agency regarding how to ensure that persons with a disability are included in disaster strategies and emergency management plans; and (3) review and provide recommendations for the Illinois Emergency Management Agency to integrate access and functional needs into the Illinois Emergency Operations Plan. Provides for appointment and composition of the members of the Advisory Committee. Provides that the initial meeting of the Advisory Committee shall be convened by the Director of the Illinois Emergency Management Agency no later than February 1, 2022. Requires the Illinois Emergency Management Agency to provide administrative support to the Advisory Committee. Requires the Advisory Committee to prepare and deliver a report with specified requirements to the General Assembly, the Governor's Office, and the Illinois Emergency Management Agency by July, 1 2022, and annually thereafter. Provides that the Advisory Committee is dissolved and amendatory provisions are repealed on January 1, 2032. Contains other provisions. Effective immediately. House Floor Amendment No. 1 Replaces references to the Illinois Emergency Operation Plan with references to State and local emergency plans.