Weekly Legislative Update – February 25, 2019
LEGISLATIVE UPDATE FROM EQUIP FOR EQUALITY
The following are disability-related bills and/or issues pending in the Illinois General Assembly that are scheduled to be heard in committee during the week of February 25, 2019:
House Appropriations-Elementary & Secondary Education Committee
February 26 2019, 2:00 p.m.
Room D-1, Stratton Building
HB 12, Representative Mary E. Flowers
Appropriates $1,000,000 from the General Revenue Fund to the State Board of Education for autism programs. Effective July 1, 2019.
House Insurance Committee
February 26, 2019, 2:00 p.m.
Room 118, Capitol Building
HB 2160, Representative Deb Conroy
Amends the Illinois Insurance Code. Requires the Department of Insurance to develop a uniform electronic prior authorization form to be used by an insurer that provides prescription drug benefits when requiring prior authorization. Provides that the development of the uniform electronic prior authorization form shall include input from specified interested parties and that the Department of Insurance shall take into consideration certain existing prior authorization forms and national standards pertaining to electronic authorization. Includes procedures for when a completed and accurate uniform electronic prior authorization form is not accepted by the insurer. Amends the Illinois Public Aid Code. Requires the Department of Healthcare and Family services to develop a uniform electronic prior authorization form to be used by a managed care organization that provides prescription drug benefits when requiring prior authorization. Provides that the development of the uniform electronic prior authorization form shall include input from specified interested parties and that the Department of Healthcare and Family Services shall take into consideration certain existing prior authorization forms and national standards pertaining to electronic authorization. Includes procedures for when a completed and accurate uniform electronic prior authorization form is not accepted by the managed care organization.
House Judiciary-Criminal Committee
February 26, 2109, 3:00 p.m.
Room 118, Capitol Building
HB 182, Representative La Shawn K. Ford
Creates the Isolated Confinement Restriction Act. Provides that a committed person may not be placed in isolated confinement for more than 10 consecutive days. Provides that a committed person may not be placed in isolated confinement for more than 10 days in any 180-day period. Provides that while out of cell, committed persons may have access to activities, including, but not limited, to: job assignments, educational classes, vocational classes, meals, recreation, yard or gymnasium, day room, medical appointments, visits, and group therapy. Provides exceptions. Provides that the Department of Corrections shall post on the Department’s official website quarterly reports on the use of isolated confinement. Amends the Unified Code of Corrections to make conforming changes.
HB 283, Representative David McSweeney
Amends the Mental Health and Developmental Disabilities Code. Provides that the Department of State Police shall annually compile and submit a report to the Governor and General Assembly no later than May 31 of each calendar year on the number of persons reported as posing a clear and present danger to themselves or others by persons required to report that information to the Department of State Police under the Code. Provides that the report shall be based on information submitted by each county, municipality, public elementary or secondary school, private elementary or secondary school, or public or private community college, college, or university of the State without disclosing individual identifying information of the persons who pose the clear and present danger to themselves or others. Provides that if the person who poses the clear and present danger is reported by home address and the person attends a school, college, or university, then the compilation shall only include that individual once in the report for the total annual compilation.
HB 1645, Representative Jonathan Carroll
Amends the Criminal Code of 2012. Provides that a person commits misrepresentation of a service animal when he or she knowingly represents, expressly or impliedly, that the animal is a service animal for the purpose of securing the rights and privileges afforded to a person with a disability accompanied by a service animal and the person knew or should have known that the animal is not a service animal. Provides that the refusal to answer questions from a law enforcement officer permitted under federal regulation creates a permissive inference that the animal is not a service animal and the law enforcement officer may require the person to remove the animal from the place of public accommodation. Misrepresentation of a service animal is a petty offense. Defines “service animal”.
House Human Services Committee
February 27, 2019, 8:30 a.m.
Room C-1, Stratton Building
HB 176, Representative Mary E. Flowers
Amends the Illinois Public Aid Code. Provides that a redetermination of eligibility for medical assistance benefits shall be conducted once every 12 months.
HB 178, Representative Mary E. Flowers
Amends the Community-Integrated Living Arrangements Licensure and Certification Act. Provides that licenses for community mental health or developmental services agencies are valid for one year (rather than 3 years). Provides that an agency licensed under the Act or a community-integrated living arrangement certified by an agency must maintain for public inspection copies of investigative reports and surveys conducted by the Department of Human Services. Provides that the Department must prepare a quarterly report detailing violations of the Act by an agency licensed under the Act or a community-integrated living arrangement certified by an agency and must publish the report on its website. Provides that the report must include the name and address of each agency and community-integrated living arrangement that violates the Act.
HB 344, Representative Thomas M. Bennett
Creates the Authorized Electronic Monitoring in Community-Integrated Living Arrangements and Developmental Disability Facilities Act. Provides that under certain conditions, a resident of a living arrangement certified under the Community-Integrated Living Arrangements Licensure and Certification Act and a resident of a developmental disability facility shall be permitted to use an audio and video surveillance system in his or her room at his or her own expense. Requires the electronic monitoring device to be placed in a conspicuously visible location in the room. Requires the Department of Human Services to establish a program to distribute specified funds each year for the purchase and installation of electronic monitoring devices. Establishes criminal penalties for a person or entity that knowingly hampers, obstructs, tampers with, or destroys an electronic monitoring device. Contains provisions concerning: resident and roommate consent to monitoring; notice of electronic monitoring to the staff and visitors; limitations on the staff’s access to recordings; the admissibility of recordings in civil, criminal, and administrative actions; staff reporting; liability; and rulemaking. Makes other changes. Amends the Community-Integrated Living Arrangements Licensure and Certification Act and Mental Health and Developmental Disabilities Code to make conforming changes. Provides that it is a business offense for a person to discriminate or retaliate against a resident for consenting to the electronic monitoring, or to prevent the installation or use of an electronic monitoring device by a resident who has provided specified notice and consent. Makes other changes.
House Judiciary-Civil Committee
February 27, 2109, 8:30 a.m.
Room D-1, Stratton Building
HB 1462, Representative Sara Feigenholtz
Creates the Children’s Mental Health Ombudsman Program Act. Provides that the Children’s Mental Health Ombudsman Program (Program) is created in the Office of the Governor for specified purposes, including for the purposes of advocating on behalf of children with mental health disorders, identifying barriers to effective mental health treatment and proposed solutions; monitoring and ensuring compliance with relevant statutes, regulations, rules, and policies pertaining to children’s behavioral health services; and investigating complaints that a State or a government agency has engaged in activities, practices, or omissions that constitute violations of applicable court orders, statutes, or regulations or that may have an adverse effect upon the health, safety, welfare, or rights of children. Provides that the Governor shall appoint the Children’s Mental Health Ombudsman (Ombudsman). Requires the Ombudsman, in consultation with other specified persons, to establish policies and procedures as needed to facilitate compliance with the provisions of the Program, including procedures for filing, investigating, and resolving complaints. Grants the Ombudsman subpoena powers. Requires the Ombudsman to: (i) monitor federal, State, and local statutes, rules, regulations, and policies regarding services and supports for children with mental health disorders; (ii) maintain complete records of complaints received; (iii) submit annual reports to the Governor and the General Assembly on the activities of the Program; (iv) adopt rules that are necessary for performing the required activities of the Program; and other matters. Amends the Freedom of Information Act. Exempts from disclosure all information and records acquired by the Ombudsman during the performance of his or her duties.
House Elementary & Secondary Education: School Curriculum & Policies Committee
February 27, 2019, 9:30 a.m.
Room 413, Stratton Building
HB 1475, Representative Terri Bryant
Creates the Seizure Smart School Act. Provides for legislative findings and defines terms. Requires the parent or guardian of a student with epilepsy who seeks assistance with epilepsy-related care in a school setting to submit a seizure action plan with the student’s school. Provides that a delegated care aide shall perform the activities and tasks necessary to assist a student with epilepsy in accordance with the student’s seizure action plan. Requires training for school employees and delegated care aides. Requires that an information sheet be provided to any school employee who transports a student with epilepsy to a school-sponsored activity. Provides that a school district may not restrict the assignment of a student with epilepsy to a particular school on the basis that the school does not have a full-time school nurse and a school may not deny a student access to the school or any school-related activity on the basis that the student has epilepsy. Provides for school employee protection against retaliation, immunity, and rights under federal law. Amends the Charter Schools Law of the School Code to make a related change. Amends the State Mandates Act to require implementation without reimbursement.
HB 2188, Representative Natalie A. Manley
Amends the School Code. With regard to the required health examination, provides that the
social and emotional screening must include questions on a child’s medical history that pertain to the mental health issues of his or her family and any other matter that could impact the child’s future mental health.
House Transportation: Vehicles & Safety Committee
February 27, 2019, 9:30 a.m.
Room 115, Capitol Building
HB 188, Representative La Shawn K. Ford
Amends the Illinois Vehicle Code. Provides that the Secretary of State may issue special registration plates designated as Post-Traumatic Stress Disorder Awareness license plates. Provides that the original fee and renewal fee shall be $25. Creates the Post-Traumatic Stress Disorder Awareness Fund. Makes corresponding changes in the State Finance Act.
HB 2126, Representative La Shawn K. Ford
Amends the State Finance Act. Creates the Post-Traumatic Stress Disorder Awareness Fund as a special fund in the State treasury. Amends the Illinois Vehicle Code to allow for the issuance of decals for Universal special license plates by K9s for Veterans, NFP. Provides for the original fee, renewal fees, and fee distribution for Universal special license plates with decals issued by the K9s for Veterans, NFP.
- To read full text of HB 2126: Click
- To file an electronic witness slip on HB 2126: Click
House Revenue & Finance Committee
February 28, 2019, 9:30 a.m.
Room 118, Capitol Building
SUBJECT MATTER: FY20 Revenue Estimates.
- To file an electronic witness slip for the subject matter hearing: Click
HB 184, Representative La Shawn K. Ford
Amends the Illinois Income Tax Act. Creates an income tax checkoff for the Mental Health Income Tax Checkoff Fund. Amends the State Finance Act to create the Fund. Provides that moneys in the Fund may be used by the Department of Public Health for the purpose of making grants to providers of mental health services in the State.
HB 368, Representative Patrick Windhorst
Amends the Property Tax Code. Provides that the homestead exemption for veterans with disabilities carries over to the benefit of the veteran’s surviving spouse if the veteran resided outside of the State but otherwise qualified for the exemption at the time of his or her death and the surviving spouse relocates to Illinois after the death of the veteran.
HB 369, Representative Lindsay Parkhurst
Amends the Illinois Income Tax Act. Creates an income tax deduction in an amount equal to the out-of-pocket costs incurred by a taxpayer during the taxable year for expenses associated with long-term care for the taxpayer or the taxpayer’s family member.
House Mental Health Committee
February 28, 2019, 11:00 a.m.
Room 114, Capitol Building
HB 219, Representative Mary E. Flowers
Creates the Children’s Mental Health Local Integrated Fund Act. Creates local children’s mental
health collaboratives. Defines “local children’s mental health collaborative” as an entity formed by the agreement of representatives of the local system of care, including mental health services, social services, correctional services, education services, health services, and vocational services for the purpose of developing and governing an integrated service system. Provides that, to qualify as a local children’s mental health collaborative and be eligible to receive start-up funds, the representatives of the local system of care and nongovernmental entities such as parents of children in the target population; parent and consumer organizations; community, civic, and religious organizations; private and nonprofit mental and physical health care providers; culturally specific organizations; local foundations; and businesses, or at a minimum one county, one school district or special education cooperative, one mental health entity, and one juvenile justice or corrections entity, must agree to the following: (1) to establish a local children’s mental health collaborative and develop an integrated service system; (2) to commit resources to providing services through the local children’s mental health collaborative; and (3) to develop a plan to contribute funds to the children’s mental health collaborative.
HB 907, Representative John Connor
Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Directs the Department to create and maintain an online database and resource page on its website. Provides that the page shall contain mental health resources specifically geared towards school counselors, parents, and teachers with the goal of connecting those people with mental health resources related to bullying and school shootings and encouraging information sharing among educational administrators, school security personnel, and school resource officers.
HB 908, Representative Jonathan Carroll
Creates the Higher Education Mental Health Act. Provides for legislative findings and purposes. Requires the Board of Higher Education to establish the Advisory Commission on Serving and Supporting Students with Mental Health Disabilities in Institutions of Higher Education; provides for the membership and meetings of the Commission. Requires the Commission to conduct a study and prepare reports for the Higher Education Committee of the House of Representatives and the Higher Education Committee of the Senate; specifies the report’s requirements. Provides that the Commission is dissolved on the day after it submits its final report. Repeals the Act on June 1, 2023.
HB 2152, Representative Emanuel Chris Welch
Creates the Mental Health Early Action on Campus Act. Provides for intent, legislative findings, purposes of the Act, and definitions. Provides that to raise mental health awareness on college campuses, each public college or university in this State must complete specified tasks. Provides that the board of trustees of each public college or university must designate an expert panel to develop and implement policies and procedures that (i) advise students, faculty, and staff on the proper procedures for identifying and addressing the needs of students exhibiting symptoms of mental health conditions, (ii) promote understanding of the rules of Section 504 of the federal Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 to increase knowledge and understanding of student protections under the law, and (iii) provide training if appropriate. Provides that because peer support programs may be beneficial in improving the emotional well-being of the student population, each public college or university must develop and implement a peer support program utilizing student peers to support individuals living with mental health conditions on campus; specifies best practices for the peer support programs. Provides that each public college or university must form strategic partnerships with local mental health service providers to improve overall campus mental wellness and augment on-campus capacity; specifies what the partnerships must include. Requires the Board of Higher Education to develop a Technical Assistance Center; specifies the duties of the Center. Requires each public college or university to evaluate the required programs under the Act using specified criteria. Effective July 1, 2020.
HB 2247, Representative Camille Y. Lilly
Amends the Developmental Disability and Mental Disability Services Act. Provides that the Department of Human Services shall establish family centers throughout the State to provide counseling and mental health services to families who are indigent based on any behavior or mental health condition as determined by Department rule. Provides that the Department shall employ or contract with psychiatrists, clinical psychologists, clinical social workers, and licensed marriage and family therapists to provide those services.
Joint Hearing of House Insurance Committee and House Prescription Drug Affordability & Accessibility Committee
March 1, 2019, 10:00 a.m.
C-600, 6th Floor, Michael A. Bilandic Building
SUBJECT MATTER: Insurance and Drug Cost Impact on Consumers.
- To file an electronic witness slip for the subject matter hearing: Click
There are no Senate committee hearings scheduled during the week of February 25, 2019.
NOTE: If you wish to take any action regarding any of these bills/issues, you may wish to attend the committee hearing and/or contact the members of the Committee conducting the hearing and/or the legislators in your home district. The names, addresses, and telephone numbers of all legislators, both Representatives and Senators, can be found on the Illinois General Assembly website at: www.ilga.gov. You may check this website to find out if any of the committee hearing dates or times have been changed, which may happen upon very short notice. You may also use this website to file an electronic witness slip for any bill that is posted for hearing by clicking on “GA Dashboard” on the homepage. For additional information, please contact:
Cheryl R. Jansen
Public Policy Director
Equip for Equality
217-544-0464 ext. 6013
Last updated: March 01, 2019