LEGISLATIVE UPDATE FROM EQUIP FOR EQUALITY
Note: Governor Pritzker’s Fiscal Year 2023 Budget Address is scheduled for February 2, 2022 at 12:00 p.m.
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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 January 31, 2022:
House Judiciary-Criminal Committee
February 1, 2022, 4:00 p.m.
Virtual Room 4 www.ilga.gov
Springfield, IL
HB 3996, Representative Lance Yednock
Amends the Criminal Code of 2012. Creates the offense of misrepresenting an animal as a service animal. Provides that a person commits the offense when he or she knowingly misrepresents an animal that is not a service animal as a service animal for the purpose of obtaining accommodation of the animal in a place of public accommodation that prohibits non-service animals or for the purpose of transportation of the animal on a public conveyance that prohibits non-service animals. Defines “place of public accommodation” and “service animal”. Provides that a violation is a petty offense for which the court shall impose a fine of $250 for a first offense, $500 for a second offense, and $750 for a third or subsequent offense. Effective immediately.
SB 2565, Representative Lindsey LaPointe
Amends the Drug Court Treatment Act. Defines “clinical treatment plan”, “peer recovery coach” and “validated clinical assessment”. Provides that the assessment of the defendant shall include a validated clinical assessment. The clinical assessment shall include, but not be limited to, assessments of substance use and mental and behavioral health needs. The clinical assessment shall be administered by a qualified clinician and used to inform any Clinical Treatment Plans. Provides that a defendant may be ordered to complete mental health counseling, comply with physician recommendations regarding medications, and receive follow up treatment for a mental health diagnosis. Provides that the court shall prioritize the least restrictive treatment option when ordering mental health or substance use treatment for participants. Provides that jail-based custodial treatment may be utilized if it is found to be the least restrictive alternative. Provides that partnerships between the State of Illinois and community mental health or behavioral health centers shall be prioritized whenever possible. Provides that the court may establish a mentorship program that provides access and support to program participants by peer recovery coaches. Amends the Veterans and Servicemembers Court Treatment Act. Provides that peer recovery coaches shall work to help facilitate participants’ independence for continued success once the supports of the court are no longer available to them. Provides for education seminars for Veterans and Servicemembers, court prosecutors, judges, and public defenders. Amends the Mental Health Court Treatment Act. Provides that the court may establish a mentorship program that provides access and support to program participants by peer recovery coaches. Makes other changes.
House Elementary & Secondary Education: School Curriculum & Policies Committee
February 2, 2022, 9:00 a.m.
Virtual Room 1 www.ilga.gov
Springfield, IL
HB 558, Representative Kelly M. Burke
Amends the Children with Disabilities Article of the School Code. Provides that a student whose 22nd birthday occurs during the school year is eligible for special education services through the end of the school year (rather than being eligible for services only until the day before his or her 22nd birthday). Effective immediately.
HB 4203, Representative Maurice A. West, II
Amends the School Code. Requires a school district to develop and implement a plan to provide additional instructional services, support, or special accommodations to students who suffer from trauma related to experiencing the death of a sibling, parent, guardian, or household member by suicide or homicide or suffer from trauma caused by domestic violence or abuse and whom the school has determined require additional instructional services, support, or special accommodations but do not qualify for an individualized education program or for services under Section 504 of the federal Rehabilitation Act of 1973. Sets forth what the plan may include. Provides that the plan shall remain in place until the student (i) is no longer enrolled in the district or (ii) has made such significant and sustained academic progress that the student no longer requires the plan. In provisions relating to children with disabilities, provides that beginning with the 2022-2023 school year, the notice that a school board provides concerning who qualifies for services under Section 504 shall include that a child may qualify for those services if the child is a student who is at least 3 years old or older and under 22 years and who (i) has experienced the death of a sibling, parent, guardian, or household member by suicide or homicide or (ii) suffers from trauma caused by domestic violence or abuse. Effective immediately.
House Human Services Committee
February 2, 2022, 9:00 a.m.
Virtual Room 2 www.ilga.gov
Springfield, IL
HB 65, 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. Effective January 1, 2022.
HB 2420, Representative Maurice A. West, II
Amends the Illinois Act on Aging, the Rehabilitation of Persons with Disabilities Act, and the Illinois Public Aid Code. Provides that individuals with a score of 29 or higher based on the determination of need (DON) assessment tool shall be eligible to receive services through the Community Care Program, services to prevent unnecessary or premature institutionalization, and services through the program of supportive living facilities. Further amends the Illinois Public Aid Code. Provides that on and after July 1, 2023, level of care eligibility criteria for home and community-based services for medically fragile and technology dependent children shall be no more restrictive than the level of care criteria in place on January 1, 2021. Requires the Department of Healthcare and Family Services to execute, relative to the nursing home prescreening project, written agreements with the Department of Human Services and the Department on Aging to effect, on and after July 1, 2023, an increase in the DON score threshold to 37 for applicants for institutional long term care, subject to federal approval. Provides that on and after July 1, 2023 but before July 1, 2025, continuation of a nursing facility stay that began on or before June 30, 2023 by a person with a DON score between 29 and 36 may be covered when such stay would be otherwise eligible under this Code, provided the nursing facility performs certain actions. Requires the Department to, by rule, set a maximum total number of individuals to be covered and other limits on utilization that it deems appropriate. Effective July 1, 2023.
House Judiciary – Civil Committee
February 2, 2022, 9:00 a.m.
Virtual Room 3 www.ilga.gov
Springfield, IL
HB 4366, Representative William Davis
Amends the Guardians For Adults With Disabilities Article of the Probate Act of 1975. Removes a provision that exempts a guardian of the person appointed in county with a population of more than 3,000,000 from completing a training program created under the Guardianship and Advocacy Act.
House Health Care Licenses Committee
February 2, 2022, 10:00 a.m.
Virtual Room 4 www.ilga.gov
Springfield, IL
HB 4676, Representative Deb Conroy
Creates the Second Chance State Behavioral Health Workforce Development Act. Contains findings. Provides that each institution of higher education shall annually allow for the admission of at least one returning resident (a person who is a resident of and domiciled in Illinois, has graduated from high school or the equivalent, has been convicted of a felony by a specified court, was sentenced to incarceration pursuant to that conviction, and is no longer incarcerated) in an undergraduate or graduate academic program that will lead to the qualification of the returning resident as a behavioral health care professional. Provides that the returning resident shall not be required to pay any tuition, fee, or other charge for any class the returning resident takes if the State appropriates funds for reimbursement. Provides that the Illinois Student Assistance Commission shall contract with community-based organizations and legal service providers to provide specified services to returning residents. Provides that certain criminal convictions and dispositions are not cause for a licensing agency to deny an individual a license, permission, or authorization to be a behavioral health care professional. Provides that a licensing agency shall consider specified mitigating factors when considering an application for a license, permission, or other authorization to be a behavioral health care professional. Provides that, if a licensing agency refuses to issue a license, permission, or other authorization to perform a behavioral health care profession based upon a conviction, the licensing agency shall notify the individual of the denial with specified information included in the notice of denial. Provides that neither the Commission nor a community-based organization providing services under the Act shall enter into a contractual or other financial, service, or volunteer relationship with and shall not pay any money or provide any other form of consideration to specified persons or entities. Provides that institutions of higher education shall strictly comply with the Act and the Commission shall take actions necessary to obtain compliance and enforce the Act. Contains provisions concerning judicial proceedings, certifications, adoption of rules, notices, conflicts, severability, and other matters. Effective immediately.
House Immigration & Human Rights Committee
February 2, 2022, 2:00 p.m.
Virtual Room 2 www.ilga.gov
Springfield, IL
HB 4605, Representative Jennifer Gong-Gershowitz
Amends the Illinois Human Rights Act. Provides that it is a violation for an owner or any other person engaging in a real estate transaction, or for a real estate broker or salesman to otherwise make unavailable or deny a dwelling because of unlawful discrimination, familial status, or an arrest record. Allows a plaintiff or defendant to demand a trial by jury for specified civil actions. Allows a circuit court or jury to award any remedy set forth under a provision regarding a hearing on a complaint upon the finding of a civil rights violation. Effective immediately.
House State Government Administration Committee
February 2, 2022, 2:00 p.m.
Virtual Room 4 www.ilga.gov
Springfield, IL
HB 3220, Representative Curtis J. Tarver, II
Amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Defines “good faith effort” for purposes of the Act. Provides factors for determining whether a good faith effort to comply with the goals for participation by minorities, women and persons with disabilities has been made for purposes of granting a waiver under the Act. Provides for a uniform standard of contract goals for State agencies, public institutions of higher education, and other departments. Specifies further requirements concerning the uniform standard of contract goals. Provides that the terms of every contract entered into by a State agency or public institution of higher education for purposes of the Act shall include a provision requiring vendors who fail to comply with a utilization plan to return all funds paid to that vendor with an expectation of compliance. Provides that the Business Enterprise Council may (rather than shall) grant a waiver under specified circumstances. Makes conforming changes.
Senate Health Committee
February 1, 2022, 3:00 p.m.
Virtual Room 2 www.ilga.gov
(or Room 400, Capitol Building*)
Springfield, IL
SUBJECT MATTER HEARING: DCFS Safety
- To file an electronic witness slip for the subject matter hearing: Click
SB 3132, Senator Laura Fine
Amends the Rehabilitation of Persons with Disabilities Act. In provisions concerning the Department of Human Services’ Home Services Program, provides that subject to federal approval the Department shall allow a recipient’s spouse to serve as his or her provider of personal care or similar services. Effective immediately.
SB 3172, Senator Sara Feigenholtz
Amends the Custody Relinquishment Prevention Act. Requires the Department of Children and Family Services, the Department of Human Services, the Department of Healthcare and Family Services, the Illinois State Board of Education, the Department of Juvenile Justice, and the Department of Public Health to enter into a 10-year extension of the interagency agreement required by Public Act 98-808. Effective immediately.
Senate Behavioral and Mental Health Committee
February 1, 2022, 5:30 p.m.
Virtual Room 3 www.ilga.gov
(or Room 409, Capitol Building*)
Springfield, IL
SB 2943, Senator Karina Villa
Amends the Children with Disabilities Article of the School Code. Grants the Community
and Residential Services Authority the authority to provide to youth in this State who are eligible for placement in a residential facility, but who have not been placed in a facility with the opportunity to be placed in a residential facility through the use of an individual agreement. Sets forth the duties of the Community and Residential Services Authority in regard to the placement of youth under an individual agreement in residential placement facilities, including prioritizing residential programs that have been approved by State agencies and preparing the individual agreement contract to be used by State agencies.
SB 3156, Senator Laura Fine
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. Provides that the Program shall begin in Fiscal Year 2024.
SB 3438, Senator Sara Feigenholtz
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, within 3 months after the effective date of the Act, 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 through the use of the Department’s standardized assessment and treatment planning tool required in the integrated assessment and treatment planning process. Requires minimum medical necessity documentation requirements to be publicly available to all community mental health centers and behavioral health clinics. Provides that an individual is immediately eligible to receive any community mental health service upon documentation of the specified medical necessity criteria in his or her medical record, and the provider shall be reimbursed for such delivered services. Provides that the integrated assessment and treatment planning process shall be required no more frequently than annually for specified community mental health services. Contains provisions requiring the Department to establish a workgroup to resolve certain issues identified by the Department with the assessment tool and the integrated assessment and treatment planning process. Requires the Department to submit a report to the General Assembly that outlines the issues and recommendations discussed by the workgroup. Contains provisions concerning the Department’s development of a billing code, modifier, or other mechanism to reimburse providers for the full time spent on the integrated assessment and treatment planning process; assessment tool training; and other matters. Requires the Department to seek federal , approval, if required to implement the Act. Permits the Department, with input from the Department’s workgroup, to adopt emergency rules in accordance with the Illinois Administrative Procedure Act. Effective immediately.
Senate State Government Committee
February 2, 2022, 2:00 p.m.
Virtual Room 3 www.ilga.gov
(or Room 409, Capitol Building*)
Springfield, IL
SB 3474, Senator David Koehler
Amends the Children with Disabilities Article of the School Code. Beginning with the 2023-2024 school year, requires a school district to provide informational material about the Achieving a Better Life Experience (ABLE) account program to the parent or guardian of a student at the student’s annual individualized education program review meeting. Requires the Office of the State Treasurer to prepare and deliver the informational material to the State Board of Education, and provides that the State Board of Education shall distribute the informational material to school districts. Effective immediately.
Senate Revenue Committee
February 2, 2022, 4:00 p.m.
Virtual Room 3 www.ilga.gov
(or Room 400, Capitol Building*)
Springfield, IL
SB 3215, Senator Scott M. Bennett
Amends the Property Tax Code, the Community Care for Persons with Developmental Disabilities Act, the Counties Code, and the Community Mental Health Act. Contains provisions validating certain tax levies for community mental health boards. Effective immediately.
*Individuals who have requested to give oral testimony have the option of participating in person in the designated room).
NOTE: If you wish to take 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.
SPECIAL NOTE: Due to the COVID 19 pandemic, committee hearings are being held remotely via the Internet.
- To view instructions regarding the remote hearing process and how to submit oral or written testimony in the HOUSE: Click
- To view instructions regarding the remote hearing process and how to submit oral or written testimony in the SENATE: Click
For additional information, please contact:
Cheryl R. Jansen
Public Policy Director
Equip for Equality
cherylj2@equipforequality.org
217-303-8543
