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Weekly Legislative Update-April 28, 2017

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 May 1, 2017:

 

House State Government Administration Committee

May 2, 2017, 10:00 a.m.

C-600, Sixth Floor

Michael A. Bilandic Building

160 N. LaSalle Street

Chicago, IL

 

SUBJECT MATTER: Procurement: Business Enterprise Program.

  • To file an electronic witness slip for the subject matter hearing: Click

 

Senate Appropriations I Committee

May 2, 2017, 9:00 a.m.

Room 212, Capitol Building

Springfield, IL

 

SUBJECT MATTER: FY 18 Budget Request for the Department of Healthcare and Family Services- SB2112.

  • To file an electronic witness slip for the subject matter hearing: Click

 

Senate Education Committee

May 2, 2017, 2:30 p.m.

Room 212, Capitol Building

Springfield, IL

 

HB 2618, Senator Don Harmon

Amends the Children with Disabilities Article of the School Code. For parties who agree to not use mediation during a challenge, provides that a parent shall have 10 days after a party declines to use mediation to file a request for a due process hearing to allow the student to remain in his or her present educational placement. Requires certain uniform notices concerning procedures available to parents under the School Code prepared by the State Superintendent to include information concerning “stay-put” provisions. Further amends the School Code. Requires the State Superintendent to revise the uniform notices to reflect current law and procedures at least once every 2 years.

  • To read full text of HB 2618: Click
  • To file an electronic witness slip on HB 2618: Click

 

HB 2663, Senator Kimberly A. Lightford

Amends the School Code. Provides that early childhood programs receiving State Board of

Education grants for preschool educational programs shall prohibit the expulsion of children. Provides instead that when persistent and serious challenging behaviors emerge, the early childhood program shall document steps taken to ensure that the child can participate safely in the program and utilize a range of community resources. Sets forth provisions concerning the creation of a transition plan if there is documented evidence that all available interventions and supports recommended by a qualified professional have been exhausted; temporary removal of a child; the utilization of training, technical support, and professional development resources. Provides that, beginning on July 1, 2018, early childhood programs shall annually report to the State Board of Education, and, beginning in fiscal year 2020, the State Board shall make available on a biennial basis, in an existing report, certain data for children from birth to age 5 who are served by the program. Amends the Child Care Act of 1969 to require the Department of Children and Family Services, in consultation with the Governor’s Office of Early Childhood Development and the State Board of Education, to adopt rules prohibiting the use of expulsion due to a child’s persistent and serious challenging behaviors in licensed day care centers, day care homes, and group day care homes.

  • To read full text of HB 2663: Click
  • To file an electronic witness slip on HB 2663: Click

 

Senate Veterans Affairs Committee

May 2, 2017, 2:30 p.m.

Room 409, Capitol Building

Springfield, IL

 

HB 2647, Senator Thomas Cullerton

Amends the Department of Veterans Affairs Act. Contains provisions concerning the establishment of various programs and services for the benefit of veterans including a proactive outreach program for veterans that served in high casualty units, in units that experienced high conflict areas, and in units where at least one service member committed suicide following his or her service; a public awareness campaign concerning the trauma and internal injuries suffered by veterans; specified training concerning mental health services for employees of veterans service organizations, Veterans Assistance Commissions, and veterans’ service associations; educational success programs for veterans experiencing specified difficulties in higher education; a family preparation course for the families of returning veterans; a licensing program for therapy dogs for veterans; a transition program for returning veterans that reside in the State; a system that allows veterans to file a specified federal form immediately upon discharge; creation of an employer training program; and a standard statewide peer-to-peer training program to familiarize veterans with the veterans’ services available at the local, State, and federal levels. Requires the Department of Veterans’ Affairs to adopt any rules necessary to implement these provisions. Provides that the Department of Veterans’ Affairs shall seek available federal funding, grants, or private funding to help fund provisions concerning the establishment of various programs and services for the benefit of veterans; or the Department shall collaborate with other departments, existing veterans’ organizations, nonprofit organizations, or private organizations to implement the provisions.

  • To read full text of HB 2467: Click
  • To file an electronic witness slip on HB 2647: Click

 

Senate Human Services Committee

May 2, 2017, 3:45 p.m.

Room 409, Capitol Building

Springfield, IL

 

HB 739, Senator Dale A. Righter

Amends the Community-Integrated Living Arrangements Licensure and Certification Act. Provides that a public or private agency, association, partnership, corporation, or organization that has had a license revoked under a specified provision of the Act may not apply for or possess a license under a different name.

  • To read full text of HB 739: Click
  • To file an electronic witness slip on HB 739: Click

 

HB 2383, Senator Dave Syverson

Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that the provision requiring the Department of Human Services to develop a training program for authorized direct care staff to administer medications under the supervision and monitoring of a registered professional nurse applies to (i) all residential (rather than all programs) for persons with a developmental disability in settings of 16 persons or fewer that are funded or licensed by the Department of Human Services and that distribute or administer medications, and (ii) all day programs certified to serve persons with developmental disabilities by the Department of Human Services. Provides that the training program for authorized direct care staff shall include educational and oversight components for staff who work in day programs that are similar to those for staff who work in residential programs. Amends the MC/DD Act. Provides that violations cited against a facility as a result of actions involving administration of medication by direct care staff of day programs certified to serve persons with developmental disabilities by the Department of Human Services under the Mental Health and Developmental Disabilities Administrative Act will not result in specified violations, penalties, or fines under the MC/DD Act. Provides that the Department of Public Health shall notify the Division of Developmental Disabilities of the Department of Human Services when it becomes aware of a medication error at a day program or that a resident is injured or is subject to alleged abuse or neglect at a day program. Makes similar changes in the ID/DD Community Care Act.

  • To read full text of HB 2383: Click
  • To file an electronic witness slip on HB 2383: Click

 

HB 2452, Senator Chris Nybo

Amends the Community-Integrated Living Arrangements Licensure and Certification Act. Provides that the Department of Human Services shall conduct inspections of the records and premises of each community-integrated living arrangement certified under the Act at least once every 2 years.

  • To read full text of HB 2452: Click
  • To file an electronic witness slip on HB 2452: Click

 

HB 2909, Senator Julie A. Morrison

Amends the Medical Assistance Article of the Illinois Public Aid Code. In a provision limiting medical assistance recipients to one pair of adult eyeglasses every 2 years, provides that the limitation does not apply to an individual who needs different eyeglasses following a surgical procedure such as cataract surgery.

  • To read full text of HB 2909: Click
  • To file an electronic witness slip on HB 2909: Click

 

HB 2910, Senator Chris Nybo

Amends the Juvenile Court Act of 1987. Provides that the court may approve the placement of a minor in an out of state residential treatment center upon application by the Department of Children and Family Services when the court determines that the placement of the minor in an out-of-state residential treatment center is in the best interest and is the least restrictive, most family-like setting for the minor. Provides that the Department’s application shall include an explanation of what in State resources, if any, the Department considered for the minor and why the minor cannot be placed in a residential treatment center or other placement in this State, an explanation as to how the out-of-state residential treatment center will impact the minor’s relationships with family and other individuals important to the minor and what steps the Department will take to preserve those relationships, an explanation as to how the Department will ensure the safety and well-being of the minor in the out-of-state residential treatment center and an explanation as to why it is in the minor’s best interest to be placed in the out-of-state residential treatment center, including a description of the minor’s treatment needs and how those needs will be met in the proposed placement. Provides that this provision does not apply to an out-of-state placement of a minor in a family foster home, relative foster home, a home of a parent, or a dormitory or independent living setting of a minor attending a post-secondary educational institution. Defines “residential treatment center”.

  • To read full text of HB 2910: Click
  • To file an electronic witness slip on HB 2910: Click

 

HB 3899, Senator Dan McConchie

Amends the Illinois Procurement Code. Makes changes to provisions concerning the use of not-for-profit agencies for persons with significant disabilities (previously, facilities for persons with severe disabilities). Provides that a not-for-profit agency shall be a qualified agency if it is, among other requirements, accredited by a nationally-recognized accrediting organization or certified as a development training provider by the Department of Human Services (rather than requiring the agency to meet the applicable Department just standards). Requires the Department to develop guidelines of appropriate national accrediting organizations within 6 months after the effective date of the amendatory Act. Requires the State Use Committee to, not less than every 3 years, develop a strategic plan for increasing the number of products or services purchased from qualified agencies (rather than developing one 5-year strategic plan). Makes provisions concerning subcontracts. Makes other changes.

  • To read full text of HB 3899: Click
  • To file an electronic witness slip on HB 3899: Click

 

Senate Judiciary Committee

May 2, 2017, 3:45 p.m.

Room 400, Capitol Building

Springfield, IL

 

HB 238, Senator Omar Aquino

Amends the Nursing Home Care Act, MC/DD Act, ID/DD Community Care Act, and Specialized Mental Health Rehabilitation Act of 2013. Provides that a facility must not enter into a pre-dispute agreement for binding arbitration with any resident or consumer, or the resident’s representative or consumer’s guardian, nor require that a resident or consumer sign an arbitration agreement as a condition of admission to the facility. Provides that after a dispute arises, a facility may ask a resident or consumer, or his or her representative or guardian, to enter into an agreement for binding arbitration if the facility and agreement meets specified requirements.

  • To read full text of HB 238: Click
  • To file an electronic witness slip on HB 238: Click

 

Senate Criminal Law Committee

May 2, 2017, 5:15 p.m.

Room 400, Capitol Building

Springfield, IL

 

HB 1764, Senator Toi W. Hutchinson

Amends the Unified Code of Corrections. Provides that it is a mitigating factor in sentencing that at the time of the offense, the defendant was suffering from post-partum depression or post-partum psychosis which was either undiagnosed or untreated, or both, and this temporary mental illness tended to excuse or justify the defendant’s criminal conduct and the defendant has been diagnosed as suffering from post-partum depression or post-partum psychosis, or both, by a qualified medical person and the diagnoses or testimony, or both, was not used at trial.  Amends the Code of Criminal Procedure of 1963.  Provides that a person imprisoned in a penitentiary may institute a proceeding for post-conviction relief if the allegations in the petition establish each of the following by a preponderance of the evidence: (1) the movant was convicted of a forcible felony; (2) the movant’s participation in the offense was a direct result of the movant’s mental state either suffering from post-partum depression or post-partum psychosis; (3) no evidence of post-partum depression or post-partum psychosis was presented by a qualified medical person at trial or sentencing, or both; (4) the movant was unaware of the mitigating nature of the evidence or if aware was at the time unable to present this defense due to suffering from post-partum depression or post-partum psychosis or at the time of trial or sentencing neither was a recognized mental illness and as such unable to receive proper treatment; and (5) evidence of post-partum depression or post-partum psychosis as suffered by the movant is material and noncumulative to other evidence offered at the time of trial or sentencing and it is of such a conclusive character that it would likely change the sentence imposed by the original court. Defines “post-partum depression” and “post-partum psychosis”.

  • To read full text of HB 1764: Click
  • To file an electronic witness slip on HB 1764: Click

 

HB 2641, Senator Scott M. Bennett

Creates the Protection of Individuals with Disabilities in the Criminal Justice System Task Force consisting of 24 members, 10 members appointed by the Governor, 10 members appointed by the Attorney General, and one each appointed by the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the President of the Senate, and the Minority Leader of the Senate. Provides that the members shall reflect the racial, ethnic, geographic and disabilities diversity of the State. Specifies the categories of individuals to serve on the Task Force. Provides that the members of the Task Force shall serve without compensation. Provides that the Office of the Attorney General shall provide administrative and other support to the Task Force. Provides that the Task Force shall consider issues that affect adults and juveniles with disabilities with respect to their involvement with the police, detention and confinement in corrections facilities, representation by counsel, participation in the criminal justice system, communications with their families, awareness and accommodations for their disabilities, and concerns for the safety of the general public and individuals working in the criminal justice system. Provides that the Task Force shall make recommendations to the Governor and to the General Assembly regarding policies, procedures, legislation, and other actions that can be taken to protect the public safety and the well-being and rights of individuals with disabilities in the criminal justice system. Provides that the Task Force shall submit a report with its findings and recommendations to the Governor, the Attorney General, and the General Assembly on or before March 31, 2018. Repeals the Act on June 30, 2018. Effective immediately.

  • To read full text of HB 2641: Click
  • To file an electronic witness slip on HB 2641: Click

 

Senate Transportation Committee

May 2, 2017, 5:15 p.m.

Room 212, Capitol Building

Springfield, IL

 

HB 2643, Senator David Koehler

Amends the Pedestrians with Disabilities Safety Act. Adds to the definition of “pedestrian with a disability” a person who may require the use of a mobility device, service animal, or white cane to travel on the walking, running, or bicycle paths of this State. Provides that if the Governor takes public notice of Pedestrians with Disabilities Safety Day (October 15) and issues a proclamation, he may discuss the history of laws protecting pedestrians with disabilities and may emphasize the need of all citizens to keep safe and functional for persons with disabilities the walking, running, or bicycle paths of this State.

  • To read full text of HB 2643: Click
  • To file an electronic witness slip on HB 2643: Click

 

Senate Appropriations I Committee

May 3, 2017, 8:30 a.m.

Room 400, Capitol Building

Springfield, IL

 

SUBJECT MATTER: FY 18 Budget Request for IDFPR- SB2103, DCFS- SB2097, TRS- SB2146, and IDOC- SB2101, and on SB740, Illinois Finance Authority, SB 2103, SB 2097, SB 2146, SB 2101, SB 740.

  • To file an electronic witness slip for the subject matter hearing: Click

 

Senate Licensed Activities and Pensions Committee

May 3, 2017, 2:00 p.m.

Room 400, Capitol Building

Springfield, IL

 

HB 1811, Senator Julie A. Morrison

Amends the Regulatory Sunset Act. Removes the Interpreter for the Deaf Licensure Act of 2007 from provisions setting a repeal date of January 1, 2018 for certain regulatory Acts.  Extends the repeal date of the Interpreter for the Deaf Licensure Act of 2007 to January 1, 2028.

  • To read full text of HB 1811: Click
  • To file an electronic witness slip on HB 1811: Click

 

HB 3450, Senator Iris Y. Martinez

Amends the Regulatory Sunset Act by extending the repeal date of the Home Medical Equipment and Service Provider License Act from January 1, 2018 to January 1, 2028. Amends the Home Medical Equipment and Services Provider License Act. Makes changes in provisions concerning powers and duties of the Department of Financial and Professional Regulation, the Home Medical Equipment and Services Board, applications for original licensure, discipline of license, investigations, notices and hearings, findings and recommendations by the Board, hearing officers, and the application of the Administrative Review law. Provides that all applicants and licensees shall provide a valid address and email address, which shall serve as the address and email address of record, and shall inform the Department of any change of address or email address through specified means. Provides provisions concerning confidentiality of information collected by the Department in the course of an examination or investigation. Makes other changes.

  • To read full text of HB 3450: Click
  • To file an electronic witness slip on HB 3450: Click

 

Senate Special Committee on Medicaid Managed Care Oversight

May 3, 2017, 3:30 p.m.

Room 400, Capitol Building

Springfield, IL

 

SB 622, SFA 3, Senator Omar Aquino

Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that on and after July 1, 2017, the Department of Healthcare and Family Services shall provide dental services to any adult who is otherwise eligible for assistance under the medical assistance program. Defines “dental services” to mean diagnostic, preventative, restorative, or corrective procedures, including procedures and services for the prevention and treatment of periodontal disease and dental caries disease, provided by an individual who is licensed to practice dentistry or dental surgery or who is under the supervision of a dentist in the practice of his or her profession. Provides that on and after July 1, 2017, targeted dental services, as set forth in Exhibit D of the Consent Decree entered by the United States District Court for the Northern District of Illinois, Eastern Division, in the matter of Memisovski v. Maram, Case No. 92 C 1982, that are provided to adults under the medical assistance program shall be reimbursed at the rates set forth in the “New Rate” column in Exhibit D of the Consent Decree for targeted dental services that are provided to persons under the age of 18 under the medical assistance program.

  • To read full text of SB 622: Click
  • To read SFA 3 to SB 622: Click
  • To file a witness slip on SB 622, SFA 3: Click

 

Senate Insurance Committee

May 3, 2017, 4:30 p.m.

Room 400, Capitol Building

Springfield, IL

 

SB 1906, SA 1, Senator Ira I. Silverstein

Amends the Illinois Insurance Code, the Health Maintenance Organization Act, and the Voluntary Health Services Plans Act to require coverage for hearing instruments and related services for all individuals under the age of 18 when a hearing care professional prescribes a hearing instrument. Provides that an insurer shall provide coverage for hearing aids subject to certain restrictions. Provides that an insurer shall not be required to pay a claim if the insured filed such a claim 12 months prior to the date of filing the claim with the insurer and the claim was paid by any insurer.

  • To read full text of SB 1906: Click
  • To read SA 1 to SB 1906: Click
  • To file an electronic witness slip on SB 1906, SA 1: Click

 

SB 1995, Senator Thomas Cullerton

Amends the Illinois Insurance Code. Provides that a group or individual policy of accident and health insurance or managed care plan amended, delivered, issued, or renewed after the effective date of the amendatory Act must provide coverage for the purchase of a service dog that is specially trained to assist blind, deaf, or mobility impaired persons or persons with a disability that is other than physical, including, but not limited to, anxiety disorders and post-traumatic stress disorder, provided the insured’s treating health care provider certifies in writing that the service dog is medically necessary. Requires the service dog to be purchased from a nonprofit organization that is established for the training of such dogs and is an accredited member of a professional association of guide dog or service dog organizations.

  • To read full text of SB 1995: Click
  • To file an electronic witness slip on SB 1995: Click

 

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

cherylj2@equipforequality.org

217-544-0464 ext. 6013

 

 

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