LEGISLATIVE UPDATE FROM EQUIP FOR EQUALITY
April 17, 2023
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 April 17, 2023.
House Human Services
April 19, 2023, 8:30 a.m.
Room 114, Capitol Building & Virtual Room 1, www.ilga.gov
Springfield, IL
SB 505, Representative Elizabeth “Lisa” Hernandez
Amends the Rehabilitation of Persons with Disabilities Act. In a provision concerning personal care services under the Home Services Program, includes a program recipient’s guardian, kin, or siblings to the list of persons the Department of Human Services shall allow to serve as a program recipient’s provider of personal care or similar services. In a provision concerning wages to personal assistants, provides that wages and other benefits for personal assistants shall not count against benefits that guardians receive as outlined in the Guardians for Adults with Disabilities Article of the Probate Act of 1975.
SB 1826, Representative Katie Stuart
Amends the Adult Protective Services Act. Provides that any person may report information about the suspicious death of an eligible adult to an agency designated to receive such reports or to the Department on Aging. Provides that if a mandated reporter has reason to believe that the death of an eligible adult is the result of abuse or neglect, the matter shall be reported to the agency designated to receive such reports or to the Department for subsequent referral to the appropriate law enforcement agency and coroner or medical examiner. Prohibits employers from discriminating against any employee who makes a good faith oral or written report concerning information about the suspicious death of an eligible adult. Contains provisions concerning the required testimony of a mandated reporter at an administrative hearing concerning the suspicious death of an eligible adult; the referral of evidence to the appropriate law enforcement agency; access to records concerning reports of suspicious deaths due to abuse, neglect, or financial exploitation; and other matters. Makes changes to the definitions of “abuse”, “abuser”, and “mandated reporter”. Defines “investment advisor”. Effective January 1, 2024.
House State Government Administration Committee
April 19, 2023, 3:00 p.m.
Room D-1, Stratton Building
Springfield, IL
SB 2247, Representative Kelly M. Burke
Amends the State Treasurer Act. Provides that any entity may make contributions to an ABLE account. Makes changes concerning privacy of ABLE account information. Provides that the ABLE Account Program may also be referred to as the Senator Scott Bennett ABLE Program. Effective immediately.
House Higher Education Committee
April 19, 2023, 4:00 p.m.
Room 122B, Capitol Building
Springfield, IL
SB 99, Representative Gregg Johnson
Creates the Removing Barriers to Higher Education Success Act. Requires a public institution of higher education to adopt a policy that makes certain documentation submitted by an enrolled or admitted student sufficient to establish that the student is an individual with a disability. Requires the policy to be transparent and explicit regarding information about the process by which the public institution of higher education determines eligibility for accommodations for an individual with a disability. Provides that each public institution of higher education shall disseminate such information to students, parents, and faculty in accessible formats and make the information readily available on a public website of the institution. Allows a public institution of higher education to establish less burdensome criteria to establish whether an enrolled or admitted student is an individual with a disability. Requires a public institution of higher education to engage in an interactive process to establish a reasonable accommodation for an individual pursuant to the federal Rehabilitation Act of 1973 and the federal Americans with Disabilities Act of 1990.
SB 1558, Representative Anna Moeller
Amends the Public Community College Act. Provides that the Illinois Community College Board shall submit recommendations for a model program of study, for credit, that incorporates the training and experience necessary to serve as a direct support professional to the Department of Human Services. Provides that the model program of study shall be developed in consultation with stakeholders, including, but not limited to, organizations representing community-based providers serving children and adults with intellectual or developmental disabilities, and elementary and secondary education practitioners, including, but not limited to, teachers, administrators, special education directors, and regional superintendents of schools. Provides that beginning with the 2026-2027 academic year and continuing for not less than 2 academic years, the Illinois Community College Board shall make available to community colleges the model program of study developed by the Illinois Community College Board.
House Mental Health & Addiction Committee
April 20, 2023, 10:00 a.m.
Room C-1, Stratton Building
Springfield, IL
SB 724, Representative Lindsey LaPointe
Creates the Interagency Children’s Behavioral Health Services Act. Provides that the
Act establishes a Children’s Behavioral Health Transformation Officer (Officer). Requires the Officer to lead the State’s comprehensive, interagency effort to ensure that youth with significant and complex behavioral health needs receive appropriate community and residential services and that the State-supported system is transparent and easier for youth and their families to navigate. Establishes the Interagency Children’s Behavioral Health Services Team to find appropriate services, residential treatment, and support for children identified by each participating agency as requiring enhanced agency collaboration to identify and obtain treatment in a residential setting. Provides that the responsibilities of each participating agency shall be outlined in an interagency agreement. Requires the Department of Children of Family Services, and other specified agencies, to enter into an interagency agreement. Amends the Children and Family Services Act. Requires the Department of Children and Family Services to adopt rules to establish a process for all licensed residential providers to submit data if they contract or receive reimbursement for children’s mental health, substance use, and developmental disability services from specified State agencies. Contains provisions concerning temporary emergency placements for youth in crisis. Amends the School Code. Requires the Department of Human Services to expand its selection of individuals from the Prioritization of Urgency of Need for Services database to include individuals who receive services through the Children and Young Adults with Developmental Disabilities – Support Waiver. Contains provisions concerning mental health screenings for students in kindergarten through grade 12. Amends the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services to obtain input from specified State agencies and providers on leading indicators of elevated behavioral health crisis risk for children. Amends the Juvenile Court Act of 1987. Provides that no minor who is taken into limited custody shall be sheltered in a temporary living arrangement for more than 21 days, with certain exceptions. Makes other changes. Effective immediately.
Senate Education Committee
April 18, 2023, 2:00 p.m.
Room 212, Capitol Building
Springfield, IL
HB 1123, Senator Suzy Glowiak Hilton
Amends the School Code. Requires school report cards prepared by the State Superintendent of Education to include the percentage of students with disabilities who have fulfilled the minimum State graduation requirements and have been issued a regular high school diploma and the percentage of students with disabilities who have fulfilled the minimum State graduation requirements but have not completed their individualized education program and are enrolled and receiving individualized education program services. Provides that for any school report card prepared after July 1, 2025, for all high school graduation completion rates that are reported on the school report card, the State Superintendent of Education shall also report the percentage of students who did not meet the requirements of high school graduation completion for any reason and, of those students, the percentage that are classified as students who fulfill the requirements of the participation in graduation provisions of the Children with Disabilities Article of the School Code. Requires the State Superintendent to ensure that for the 2023-2024 school year there is a specific code for districts to report students who fulfill the requirements of those provisions. Provides that these reporting requirements shall be included on the school report card where high school graduation completion rates are reported, along with a brief explanation. Effective immediately.
HB 3224, Senator David Koehler
Amends the Children with Disabilities Article of the School Code. Provides that, as part of transition planning, a school district shall provide a student and the parent or guardian of the student (instead of just the student) with information about the district’s career and technical education opportunities. Provides that a student and the parent or guardian of the student shall be provided with information about dual credit courses offered by the school district. Provides that if the student is enrolled in a dual credit course for dual credit or for high school credit only, the student’s participation in the course shall be included as part of the student’s transition Individualized Education Program activities. Effective immediately.
Senate Judiciary Committee
April 18, 2023, 2:00 p.m.
Room 409, Capitol Building
Springfield, IL
HB 2248, Senator Robert Peters
Creates the Civil Rights Remedies Restoration Act. Provides that certain violations of the following federal Acts constitute a violation of the Act: the Rehabilitation Act of 1973; the Patient Protection and Affordable Care Act; the Americans with Disabilities Act of 1990; the Age Discrimination Act of 1975; the Education Amendments of 1972; the Civil Rights Act of 1964; or other federal statutes prohibiting discrimination under a program or activity receiving federal financial assistance. Provides that whoever injures another by a violation of the Act is liable for each and every offense for all remedies available at law, including, but not limited to various damages in an amount no less than $4,000, and attorney’s fees, costs, and expenses. Allows a court to grant as relief any permanent or preliminary negative or mandatory injunction, temporary restraining order, order of declaratory judgment, or other relief. Allows claims for a violation of the Act to be filed in any court of competent jurisdiction. Provides that nothing limits any enforcement authority under the Illinois Human Rights Act. Provides that the State waives sovereign and Eleventh Amendment immunity for any violation of the Act. States legislative findings and purpose.
Senate Health and Human Services Committee
April 18, 2023, 4:00 p.m.
Room 400, Capitol Building
Springfield, IL
SB 1085, SFA 2, Senator Dale Fowler
Amends the Department of Human Services Act. Expands the responsibilities of the Office of Inspector General (“OIG”) to include investigating and reporting any employee subject to the requirements of Section 1-17 of the Act who is found to materially obstruct, interfere with, or impede any investigation conducted by the OIG in accordance with that section. Amends the definition of “allegation” to include an assertion, complaint, suspicion, or incident of material obstruction of an investigation by an employee. Defines “material obstruction of an investigation” as withholding or altering documentation of recorded evidence; improperly influencing, threatening or impeding witness testimony; giving untruthful information during an interview; failing to cooperate in an investigation conducted by the OIG; and lying to law enforcement. With regard to the requirement of the Act that investigative reports issued by the OIG shall be provided to the Secretary and to the director of the facility or agency, adds reports where material obstruction of an investigation has occurred. Provides that the OIG must report the identity and finding of each employee of a facility or agency against whom there is a final investigative report containing a substantiated finding of material obstruction of an investigation to the Department of Public Health’s Health Care Worker Registry, unless the OIG requests a stipulated disposition of the investigative report that does not include such reporting and the Secretary agrees with the requested stipulated disposition. Effective immediately.
- To read the full text of SB 1085, SFA 2: Click
- To file an electronic witness slip on SB 1085, SFA 2: Click
HB 1032, Senator Willie Preston
Amends the Community-Integrated Living Arrangements Licensure and Certification Act. Provides that licenses for community mental health or developmental services agencies are valid for 2 years (rather than 3 years). Provides that if a community mental health or developmental services agency receives a compliance score as the result of a survey or audit from the Department of Human Services or the Bureau of Accreditation, Licensure and Certification that is less than acceptably compliant, the agency shall implement a plan of corrections to address the violations listed in the survey or audit and may be subject to additional sanctions based on the agency’s compliance score, including, but not limited to, a freeze on admissions or revocation of the agency’s license.
HB 2619, Senator Laura Fine
Amends the Nursing Home Care Act. Provides that the State Long Term Care Ombudsman shall be notified when a resident is involuntarily transferred or discharged from a facility. Makes corresponding changes.
Senate Insurance Committee
April 18, 2023, 5:30 p.m.
Room 400, Capitol Building
Springfield, IL
HB 2443, Senator David Koehler
Amends the Illinois Insurance Code. Provides that an individual or group policy of accident and health insurance or managed care plan that is amended, delivered, issued, or renewed after the effective date of the amendatory Act must provide coverage for medically necessary hearing instruments and related services for all individuals (rather than all individuals under the age of 18) when a hearing care professional prescribes a hearing instrument to augment communication. Makes conforming changes, including repealing provisions concerning optional coverage or optional reimbursement for hearing instruments and related services. Effective January 1, 2025.
Senate Appropriations Committee
April 19, 2023, 8:00 a.m.
Room 212, Capitol Building
Springfield, IL
SUBJECT MATTER: SB 75, SB 137, SB 1315, SB 1316, SB 1437, SB 1671, SB 2043, SB 2261, SB 2263, SB 2357, SB 2388, SB 2556, SB 2523, SB 2526, SB 2498, SB 2475, SB 2457, SB 2473, SB 2451, SB 2557, SB 2502, SB 2482, SB 2477, SB 2506
- To file an electronic witness slip for the subject matter hearing: Click
SB 255, Senator Don Harmon
Appropriates $2 from the General Revenue Fund to the Department of Aging for its FY23 ordinary and contingent expenses.
- To file an electronic witness slip on SB 255: Click
SB 259, Senator Don Harmon
Appropriates $2 from the General Revenue Fund to the Department of Children and
Family Services for its FY23 ordinary and contingent expenses.
- To file an electronic witness slip on SB 259: Click
SB 268, Senator Don Harmon
Appropriates $2 from the General Revenue Fund to the Department of Health and
Family Services for its FY23 ordinary and contingent expenses.
- To file an electronic witness slip on SB 268: Click
SB 269, Senator Don Harmon
Appropriates $2 from the General Revenue Fund to the Department of Human Services for its FY23 ordinary and contingent expenses.
- To file an electronic witness slip on SB 269: Click
SB 270, Senator Don Harmon
Appropriates $2 from the General Revenue Fund to the Department of Public Health for its FY 23 ordinary and contingent expenses.
- To file an electronic witness slip on SB 270: Click
Senate Behavioral and Mental Health Committee
April 19, 2023, 10:00 a.m.
Room 400, Capitol Building
Springfield, IL
HB 1364, Senator Laura Fine
Creates the 9-8-8 Suicide and Crisis Lifeline Workgroup Act. Provides that the Department of Human Services, Division of Mental Health, shall convene a working group that includes members of the General Assembly, representatives of State agencies, the State’s Chief Behavioral Health Officer, the Director of the Children’s Behavioral Health Transformation Initiative, service providers from the regional and statewide 9-8-8 call centers, representatives of organizations that represent people with mental health conditions or substance use disorders and that operate an Illinois social services helpline or crisis line other than 9-8-8, including veterans’ crisis services, more than one individual with personal or family lived experience of a mental health condition or substance use disorder, experts in research and operational evaluation, and any other person or persons as determined by the Department of Human Services, Division of Mental Health. Requires the Department of Human Services, Division of Mental Health, to submit a report to the General Assembly regarding the Workgroup’s findings related to the 9-8-8 call system. Provides for meetings of the Task Force and responsibilities relating to examination of existing information about the first year of implementation and use of the 9-8-8 Suicide and Crisis Lifeline in Illinois. Requires the development of an action plan with specified recommendations to be filed with the General Assembly. Repeals the Act on January 1, 2025. Effective immediately.
Senate Appropriations-Health & Human Services Committee
April 19, 2023, 5:30 p.m.
Room 212, Capitol Building
Springfield, IL
SUBJECT MATTER: SB 2527 IDOA, SB 1374 IDOA, SB 1980 IDOA, SB 2524 DCFS, SB 2369 DCFS, SB 2370 DCFS, SB 2439 DCFS, SB 1695 DCFS, SB 1668 DCFS, SB 2527, SB 1374, SB 1980, SB 2524, SB 2369, SB 2370, SB 2439, SB 1695, SB 1668
- To file an electronic witness slip for the subject matter hearing: Click
NOTE: If you wish to take any action regarding any of these bills/issues, you may wish to file an electronic witness slip and/or or submit oral or written testimony to the committee holding the 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.
For additional information, please contact:
Cheryl R. Jansen
Public Policy Director
Equip for Equality
cherylj2@equipforequality.org
217-303-8543
