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 24, 2020:
House Adoption & Child Welfare Committee
February 25, 2020, 2:00 p.m.
Room 122B, Capitol Building
Springfield, IL
HB 3969, Representative Sue Scherer
Amends the Children and Family Services Act. Provides that notwithstanding any other law or rule to the contrary, no child under the care or custody of the Department of Children and Family Services shall be subjected to mechanical restraints during the provision of any transportation services provided or arranged by the Department, unless required by court order. Provides that nothing under the amendatory Act shall be construed to apply to the Department’s policy on medical restraints.
House Judiciary-Criminal Committee
February 25, 2020, 3:00 p.m.
Room 118, Capitol Building
Springfield, IL
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 3905, Representative La Shawn K. Ford
Amends the Criminal Code of 2012. Provides that a person who intentionally misrepresents an animal as a service animal commits a petty offense. Provides that a person commits intentional misrepresentation of an animal as a service animal when the person: (1) intentionally misrepresents an animal in his or her possession as his or her service animal; (2) was previously given a warning that it is illegal to intentionally misrepresent an animal as a service animal; and (3) knows that the animal is a not a service animal.
HB 3938, Representative Maurice A. West, II
Amends the Illinois Police Training Act. Provides that the curriculum for certified training programs in crisis intervention shall be at least 40 hours for recruit law enforcement officers. Provides that Crisis Intervention Team (CIT) training programs shall be a collaboration between law enforcement professionals, mental health providers, families, and consumer advocates and must minimally include the following components: (1) basic information about mental illnesses and how to recognize them; (2) information about mental health laws and resources; (3) learning from family members of individuals with mental illness and their experiences, and (4) verbal de-escalation training and role-plays. Amends the Criminal and Traffic Assessment Act. Provides that a person who is convicted of any criminal or traffic law or ordinance, other than a conviction entered upon a plea of guilty, $5 to be distributed as follows: (1) $2.50 to the Illinois Law Enforcement Training Standards Board for implementing crisis intervention team training for recruit law enforcement officers under the Illinois Police Training Act; (2) $2.25 to the Illinois Law Enforcement Training Standards Board for grants to local law enforcement agencies for continued crisis intervention team training; and (3) 25 cents to be retained by the Clerk of the Circuit Court for administrative expenses.
HB 4330, Representative Maurice A. West, II
Amends the Humane Care for Animals Act. Provides that a person may not willfully and
maliciously annoy, harass, taunt, injure, kill, or otherwise harm any animal (rather than a guide, hearing, or support dog) that provides assistance to a person with a disability. Sets forth penalties. Defines “assistance animal”.
House Human Services Committee
February 26, 2020, 8:30 a.m.
Room C-1, Stratton Building
Springfield, IL
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 3245, Representative Mary E. Flowers
Amends the Illinois Public Aid Code. Provides that on and after January 1, 2020 no recipient of medical assistance shall be required to enroll or transition to the State’s managed care medical assistance program. Provides that any recipient enrolled in a managed care health plan on January 1, 2020 shall be given the option to disenroll from the State’s managed care medical assistance program and receive coverage under the State’s fee-for-service program. Provides that on and after January 1, 2020, the Department of Healthcare and Family Services shall not enter into any new contract or agreement with a managed care organization (MCO) to provide services where payment for medical services is made on a capitated basis. Provides that the Department shall not renew, renter, renegotiate, change orders, or amend any contract or agreement it entered with a MCO that was solicited under the State of Illinois Medicaid Managed Care Organization Request for Proposals (2018-24-001) (Request for Proposals (2018-24-001)). Provides that any recipient who is enrolled in a managed care health plan administered by a MCO that entered a contract with the Department under the Request for Proposals (2018-24-001) shall be transitioned to the State’s fee-for-service program upon the expiration of the MCO’s contract with the Department. Requires the Department to establish, by rule, an appeals and grievance process that includes: (i) an expedited internal review of an appeal involving an adverse determination; (ii) a final adverse determination; and (iii) a standard external review. Requires the Department to notify a recipient in writing of the recipient’s right to request an external review. Repeals a provision concerning procurement requirements for MCO contracts.
HB 3897, Representative Frances Ann Hurley
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).
House Judiciary-Civil Committee
Family Law Subcommittee
February 26, 2020, 8:30 a.m.
Room D-1, Stratton Building
Springfield, IL
HB 4050, HCA 2, Representative Daniel Didech
Amends the Guardians For Adults With Disabilities Article of the Probate Act of 1975. Provides that a petition for adjudication of disability and for appointment of a guardian may, in the case of an intellectual disability, be accompanied by a psychological evaluation that has been performed within one year of the date of the filing of the petition. Also provides that if intellectual disability forms the basis for the appointment of a guardian, the report may be performed by a clinical psychologist (instead of only a licensed physician).
- To read the full text of HB 4050, HCA 2: Click
- To file an electronic witness slip on HB 4050, HCA 2: Click
HB 4562, Representative Thomas M. Bennett
Amends the Guardians For Adults With Disabilities Article of the Probate Act of 1975. Provides that a guardian shall consider the ward’s current preferences to the extent the ward has the ability to participate in decision making when those preferences are known or reasonably ascertainable by the guardian. Provides that decisions by the guardian shall conform to the ward’s current preferences unless the guardian reasonably believes that doing so would result in substantial harm to the ward’s welfare or personal or financial interests. Provides that if the guardian is unable to ascertain the ward’s preferences, then the decisions may be made by conforming as closely as possible to what the ward would have done or intended under the circumstances. Makes conforming changes.
HB 4563, Representative Thomas M. Bennett
Amends the Guardians For Adults with Disabilities Article of the Probate Act of 1975. Provides that a petition for the appointment of a temporary guardian for an alleged person with a disability shall be filed at the time of or subsequent to the filing of a petition for adjudication of disability and appointment of a guardian. Provides that the petition for the appointment of a temporary guardian shall state specified facts. Provides that notice of the time and place of the hearing on a petition for the appointment of a temporary guardian or petition to revoke the appointment of a temporary guardian shall be given not less than 3 days before the hearing.
House Labor & Commerce Committee
February 26, 2020, 2:00 p.m.
Room 114, Capitol Building
Springfield, IL
HB 3340, Representative Theresa Mah
Amends the Department of Human Services Act. Contains a declaration of policy and intent. Requires the Department of Human Services, in partnership with specified State agencies, to develop and implement a plan to phase out, by July 1, 2024, authorizations under the Minimum Wage Law to pay an employee with a disability less than the minimum wage. Requires the Department to consult with specified organizations when implementing the phase-out plan. Requires the Secretary of Human Services to submit reports to the Governor and the General Assembly on the benchmarks and status of achieving the outcomes included in the phase-out plan and recommendations for funding levels or other resources necessary to implement the phase-out plan. Amends the Department of Labor Law. Prohibits the Director of Labor from authorizing a work activities center or other sheltered workshop to pay an employee who has a disability less than the minimum wage unless certain requirements are met. Amends the Illinois Council on Developmental Disabilities Law. Requires the Illinois Council on Developmental Disabilities to commission an independent study of the phase-out plan; determine whether the plans are having their intended effects; and make recommendations for possible changes in State law or policy regarding the employment of individuals with disabilities. Requires the Council to report its findings and recommendations to the Governor and the General Assembly by July 1, 2023. Amends the Minimum Wage Law. Provides that the State of Illinois shall not fund any entity that pays individuals less than the minimum wage under a certificate issued by the United States Department of Labor that authorizes Community Rehabilitation Programs to pay individuals less than the wage otherwise required for the individuals under federal law. Effective immediately, except that the provisions amending the Minimum Wage Law take effect July 1, 2024.
House State Government Administration Committee
February 26, 2020, 2:00 p.m.
Room 118, Capitol Building
Springfield, IL
HB 4611 , Representative Bob Morgan
Amends the State Treasurer Act. Provides that upon the death of a designated beneficiary, proceeds from an ABLE account may be transferred pursuant to a payable on death account agreement executed by the designated beneficiary or designated representative.
HB 4630, Representative Sonya M. Harper
Amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Provides that the Business Enterprise Council for Minorities, Women, and Persons with Disabilities shall collaborate with each chief procurement officer to create a unified, searchable, statewide online database incorporating specified information. Requires the Council to annually report on trends and identify areas of State contracting for outreach to businesses owned by minorities, women, and persons with disabilities. Makes conforming changes.
House Revenue & Finance Committee
February 27 2020, 8:00 a.m.
Room 122B, Capitol Building
Springfield, IL
HB 184, HCA 1, 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 Human Services for the purpose of making grants to providers of mental health services in the State.
- To read the full text of HB 184 as introduced: Click
- To read the full text of HCA 1: Click
- To file an electronic witness slip on HB 184, HA 1: Click
HB 3401, Representative Joyce Mason
Amends the Property Tax Code. Creates an assessment freeze homestead exemption for persons with a disability. Sets forth the amount of the exemption. Provides that applicants must reapply on an annual basis.
HB 4004, Representative Rita Mayfield
Amends the Property Tax Code. With respect to the homestead exemption for persons with disabilities, provides that the property is exempt from taxation if the person with a disability is 55 years of age or older at any point during the taxable year.
House Mental Health Committee
February 27, 2020, 9:00 a.m.
Room 114, Capitol Building
Springfield, IL
HB 3975, HCA 1, Representative Jonathan Carroll
Amends the School Code. Prohibits a school district employee or volunteer or an
independent contractor of a school district from placing a student in seclusion; defines seclusion. Provides that this prohibition does not apply to the use of seclusion in a court-ordered placement, other than a placement in an educational program of a school district, or in a placement or facility to which other laws or rules apply. Prohibits the use of physical restraints except as provided in rules adopted by the State Board of Education.
- To read the full text of HB 3975, HCA 1: Click
- To file an electronic witness slip on HB 3975, HCA 1: Click
HJR 95, Representative Maurice A. West, II
Urges Illinois schools to provide education for all students in grades six to 12 on how to identify, understand, and respond to signs of addictions and mental illnesses, as well as provide instruction for how to help someone who is developing a mental health problem or experiencing a mental health crisis. Commends the National Council for Behavioral Health and the Illinois Association for Behavioral Health for their work in developing and directing teen Mental Health First Aid training programs for schools. Commends Amos Alonzo Stagg High School, the Paris Union School District, and Clinton High School for participating in the first nationwide pilot programs of teen Mental Health First Aid training for schools. Commends Operation Snowball, the Human Resources Center of Edgar and Clark Counties, and the Heritage Behavioral Health Center for participating in the first nationwide teen Mental Health First Aid instructor trainings.
Senate Education Committee
February 25, 2020, 1:00 p.m.
Room 212, Capitol Building
Springfield, IL
SB 2281, Senator Bill Cunningham
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).
SB 2473, Senator Robert F. Martwick
Amends the Compulsory Attendance Article of the School Code. Provides that a public school student shall be granted up to 5 days of excused absences in any school year for the reason of the mental or behavioral health of the student. Requires that a student whose absence is excused for this reason be provided the opportunity to make up any school work missed during the absence.
Senate Public Health Committee
February 25, 1:00 p.m.
Room 400, Capitol Building
Springfield, IL
SJR 56: Senator Suzy Glowiak Hilton
Supports all efforts to make it easier for Americans in crisis to access potentially life-
saving resources about suicide prevention, intervention, and mental health crisis by the Federal Communications Commission (FCC). Urges the FCC to establish a new hotline for those Americans experiencing suicidal thoughts or a mental health crisis. Further urges the FCC to initiate a rulemaking proceeding to consider designating 988 as the 3-digit code to be used for this purpose.
Senate Human Services Committee
February 25, 2020, 3:00 p.m.
Room 409, Capitol Building
Springfield, IL
SB 2520, Senator Omar Aquino
Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that on and after July 1, 2020, the Department of Healthcare and Family Services shall administer a school-based dental program that allows for the out-of-office delivery of preventative dental services in a school setting to children under 19 years of age. Requires the Department to establish guidelines for participation by providers and set requirements for follow-up referral care based on each caries risk assessment code required for each student. Provides that every effort shall be made to ensure that children enrolled in the school-based dental program are assigned a primary dentist by allowing local dentists who practice within each school district the opportunity to participate in the school dental program prior to utilizing mobile dental services or dental providers outside the individual school boundaries. Provides that no provider shall be charged a fee by any unit of local government to participate in the school-based dental program administered by the Department.
Senate Criminal Law Committee
February 25, 2020, 5:00 p.m.
Room 400, Capitol Building
Springfield, IL
SB 224, Senator Cristina Castro
Amends the Unified Code of Corrections concerning persons found not guilty by reason of insanity. Provides that 90 days prior to the expiration of any conditional release, the Department of Corrections shall conduct an assessment of the defendant’s continuing need for mental health services following the person’s release from conditional release. Provides that the Department shall create a detailed plan for appropriate mental health services and provide or arrange funding to ensure that those mental health services enumerated in the plan are available to the defendant. Provides that an extension of the conditional release period may not be ordered unless there is clear and convincing evidence that the defendant will not participate in the mental health services set forth in the treatment plan created by the Department in the absence of a court order to do so, and that in the absence of those mental health services, the defendant is reasonably expected to inflict serious physical harm upon himself, herself, or others.
Senate Judiciary Committee
February 25, 2020, 3:00 p.m.
Room 400, Capitol Building
Springfield, IL
SB 2796, Senator Robert F. Martwick
Amends the Guardians for Adults with Disabilities Article of the Probate Act of 1975. Provides that one of the persons who performed the evaluations upon which the report relating to the adjudication of disability is based shall be a licensed physician or a licensed clinical psychologist (rather than “shall be a licensed physician”). Provides that the report in support of a verified petition to allow a ward to execute a will or codicil may be from a licensed clinical psychologist (rather than only a current physician).
- To read the full text of SB 2796: Click
- To file an electronic witness slip on SB 2796: Click
Senate Insurance Committee
February 26, 2020, 5:00 p.m.
Room 212, Capitol Building
Springfield, IL
SB 2740, Senator Laura Fine
Amends the Illinois Insurance Code. Provides that an insurer that amends, delivers, issues, or renews group accident and health policies providing coverage for hospital or medical treatment or services for illness entered into on or after January 1, 2021 shall ensure that the insured have timely and proximate access to treatment for mental, emotional, nervous, or substance use disorders or conditions. Provides that network adequacy standards for timely and proximate access to treatment for mental, emotional, nervous, or substance use disorders or conditions must satisfy specified minimum requirements. Provides that if there is no in-network facility or provider available for an insured to receive timely and proximate access to treatment for mental, emotional, nervous, or substance use disorders or conditions in accordance with the minimum network adequacy standards, the insurer shall provide necessary exceptions to its network to ensure admission and treatment with a provider or at a treatment facility in accordance with those network adequacy standards.
Senate Revenue Committee
February 26, 2020, 5:00 p.m.
Room 400, Capitol Building
Springfield, IL
SB 2774, Senator Dale Fowler
Amends the Property Tax Code. Removes provisions providing that taxpayers who are granted a homestead exemption for veterans with disabilities must reapply on an annual basis.
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
cherylj2@equipforequality.org
217-544-0464 ext. 6013
