LEGISLATIVE UPDATE FROM EQUIP FOR EQUALITY
May 1, 2015
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 4, 2015:
House Judiciary-Criminal Committee
May 5, 2015, 3:00 p.m.
Room D-1, Stratton Building
Springfield, IL
*HR 233, Representative Terri Bryant
Urges the Governor to reopen the Tamms Correctional Center.
 To read full text of bill: Click
 To file an electronic witness slip: Click
*Equip for Equality opposes HR 233
SB 836, Representative Brandon Phelps
Amends the Mental Health and Developmental Disabilities Code. Provides that if a person 14
years old or older is determined to be developmentally disabled by a physician, clinical
psychologist, or qualified examiner, the physician, clinical psychologist, or qualified examiner
shall notify the Department of Human Services within 7 days (rather than 24 hours) of making
the determination that the person has a developmental disability. Defines "developmental
disability" and "determined by a physician, clinical psychologist, or qualified examiner".
Amends the Firearm Owners Identification Card Act. Changes definition of "developmental
disability". Provides that an applicant for a Firearm Owner's Identification Card, who is denied,
revoked, or has his or her Firearm Owner's Identification Card seized based upon a determination
of a developmental disability or an intellectual disability may apply to the Director of State
Police requesting relief. Provides that the Director shall act on the request for relief within 60
business days of receipt of written certification, in the form prescribed by the Director, from a
physician or clinical psychologist, or qualified examiner, that the aggrieved party's
developmental disability or intellectual disability condition is determined by a physician, clinical
psychologist, or qualified to be mild. Provides that if a fact-finding conference is scheduled to
obtain additional information concerning the circumstances of the denial or revocation, the 60
business days the Director has to act shall be tolled until the completion of the fact-finding
conference. Provides that the Director may grant relief if the aggrieved party's developmental
disability or intellectual disability is mild as determined by a physician, clinical psychologist, or
qualified examiner and it is established by the applicant to the Director's satisfaction that: (1)
granting relief would not be contrary to the public interest; and (2) granting relief would not be
contrary to federal law. Provides that the Director may not grant relief if the condition is
determined by a physician, clinical psychologist, or qualified examiner to be moderate, severe, or
1
profound. Amends the Mental Health and Developmental Disabilities Confidentiality Act to
make a conforming change. Provides that the amendatory Act applies to requests for relief
pending on or before the effective date of the amendatory Act, except that the 60-day period for
the Director to act on requests pending before the effective date begins on the effective date of
the amendatory Act. Effective immediately.
 To read full text of bill: Click
 To file an electronic witness slip: Click
House Budget Oversight Panel
May 6, 2015, 8:00 a.m.
Room 114, Capitol Building
Springfield, IL
 To file an electronic witness slip: Click
House Human Services Committee
May 6, 2015, 8:00 a.m.
Room C-1, Stratton Building
Springfield, IL
HR 199, Representative Anna Moeller
Directs the Office of the Auditor General to conduct an investigation to examine the
circumstances surrounding Vega's escape and evaluate whether prisoner transport procedures
need to be improved at Elgin Mental Health Center or other State facilities.
 To read full text of bill: Click
 To file an electronic witness slip: Click
HJR 55, Representative Jehan Gordon-Booth
Creates the Telehealth Services Committee to study the cost savings achieved through the
expansion of telehealth services under the State’s Medical Assistance Program and to evaluate
the efficiency and effectiveness of telehealth services under the State’s Medical Assistance
Program.
 To read full text of bill: Click
 To file an electronic witness slip: Click
SB 788, Representative Greg Harris
Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that the
Department of Healthcare and Family Services shall, within a reasonable period of time after
relevant data from managed care entities has been collected and analyzed, but no earlier than
January 1, 2017, develop and implement within each enrollment region an algorithm that takes
into account quality scores and other operational proficiency criteria developed, defined, and
adopted by the Department, to automatically assign Medicaid enrollees served under the Family
Health Plan and the Integrated Care Program and those Medicaid enrollees eligible for medical
assistance pursuant to the Patient Protection and Affordable Care Act (Public Law 111-148) into
managed care entities, including Accountable Care Entities, Managed Care Community
Networks, and Managed Care Organizations. Provides that the quality metrics used shall be
2
measurable for all entities; that the algorithm shall not use the quality and proficiency metrics to
reassign enrollees out of any plan that they are enrolled with at the time and shall only be used if
the client has not voluntarily selected a primary care physician and a managed care entity; that
clients will have one opportunity within 90 calendar days after auto assignment by algorithm to
select a different managed care entity; and that the algorithm developed and implemented shall
favor assignment into managed care entities with the highest quality scores and levels of
compliance with the operational proficiency criteria established.
 To read full text of bill: Click
 To file an electronic witness slip: Click
House Judiciary-Civil Committee
May 6, 2015, 8:00 a.m.
Room D-1, Stratton Building
Springfield, IL
HJR 44, Representative Michael W. Tryon
Encourages the creation of Veterans and Servicemembers Treatment Courts in all counties in the
State of Illinois.
 To read full text of bill: Click
 To file an electronic witness slip: Click
SB 90, Representative Peter Breen
Amends the Probate Act of 1975. Provides that there is a rebuttable presumption that a will or
codicil is void if it was executed or modified after the testator is adjudicated disabled. Provides
that the rebuttable presumption is overcome by clear and convincing evidence that the testator
had the capacity to execute the will or codicil at the time the will or codicil was executed, and
that the rebuttable presumption does not apply if the will or codicil was executed in compliance
with a court order. Provides that upon a verified petition by the plenary or limited guardian of the
estate or the request of the ward that is accompanied by a current physician's report that states the
ward possesses testamentary capacity, the court may enter an order authorizing the ward to
execute a will or codicil. Provides that the court shall authorize the guardian to retain
independent counsel for the ward with whom the ward may execute or modify a will or codicil.
 To read full text of bill: Click
 To file an electronic witness slip: Click
SB 834, Representative Laura Fine
Amends the Mental Health and Developmental Disabilities Code concerning court hearings
under the Admission, Transfer and Discharge Procedures for the Mentally Ill Chapter of the
Code. Deletes provision that any party may request a change of venue or transfer to any other
county because of the convenience of parties or witnesses or the condition of the respondent.
Provides that the court shall grant the request of the respondent to have the proceedings
transferred to the county of his or her residence if and only if the court determines that the
transfer is necessary to ensure the attendance of any material witness.
 To read full text of bill: Click
 To file an electronic witness slip: Click
3
House Executive Committee
May 6, 2015, 10:00 a.m.
Room 118, Capitol Building
Springfield, IL
*SB 1265, Representative Elaine Nekritz
Amends the Election Code. Provides that all applications submitted on a website maintained by
the State Board of Elections shall be deemed timely filed if they are submitted no later than
11:59 p.m. on the 16th day prior to an election. Provides that after the online registration period
for an upcoming election has ended and until the 2nd day following such election, the web page
containing the online voter registration form on the State Board of Elections website shall inform
users of the procedure for grace period voting.
 To read full text of bill: Click
 To file an electronic witness slip: Click
*Equip for Equality supports SB 1265
House Elementary & Secondary Education: Charter School Policy Committee
May 6, 2015, 3:00 p.m.
Room D-1, Stratton Building
Springfield, IL
SUBJECT MATTER: Charter best practices
 To file an electronic witness slip: Click
Senate Education Committee
May 5, 2015, 1:00 p.m.
Room 212, Capitol Building
Springfield, IL
*SB 1450, Senator Dan Kotowski
Amends the Interscholastic Athletic Organization Act. Requires an association or other entity
that has as one of its purposes promoting, sponsoring, regulating, or in any manner providing for
interscholastic athletics or any form of athletic competition among schools and students within
this State to allow a student for whom it is determined that special education services are needed
under the School Code to participate in interscholastic athletics and other forms of athletic
competition for as long as the student is eligible for such special education services, which, for
purposes of the School Code, means through the day before the student's 22nd birthday.
 To read full text of bill: Click
 To file an electronic witness slip: Click
*Equip for Equality supports SB 1450
SR 88, Senator Kimberly A. Lightford
Encourages the Illinois State Board of Education to work with school districts to inform all
students with developmental disabilities and their parents that the Prioritization for Urgency of
Needs for Services database is a resource that can assist them in obtaining services for their
needs. Encourages local school districts to direct parents and students to the Prioritization for
4
Urgency of Needs for Services website for information annually during the Individualized
Education Plan process.
 To read full text of bill: Click
 To file an electronic witness slip: Click
HB 3123, Senator Pamela J. Althoff
Amends the School Code. Provides that school counseling services may include assisting
(instead of actively supporting) students in need of special education services by implementing
the academic supports and social-emotional and college or career development counseling
services or interventions per a student's individualized education program (IEP) or participating
in or contributing to (instead of facilitating, participating in, or contributing to) a student's IEP
and completing a social developmental history. Provides that school counseling services may
include providing services to a student with a disability under the student's IEP or federal Section
504 plan, as recommended by the student's IEP team or Section 504 plan team and in compliance
with federal and State laws and rules governing the provision of educational and related services
and school-based accommodations to students with disabilities and the qualifications of school
personnel to provide such services and accommodations. Provides that school counseling
services may include counseling with students, families, and teachers, in compliance with federal
and State laws (instead of in accordance with the rules and regulations governing the provision
of related services).
 To read full text of bill: Click
 To file an electronic witness slip: Click
Senate Public Health Committee
May 5, 2015, 1:00 p.m.
Room 400, Capitol Building
Springfield, IL
HB 3158, Senator Dan Kotowski
Creates the Down Syndrome Information and Awareness Act. Requires the Department of Public
Health to make available up-to-date, evidence-based written information about Down syndrome.
Sets forth a list of the type of information the Department must offer. Provides that the
Department shall make this information available to persons who render prenatal care, postnatal
care, or genetic counseling to parents who receive a prenatal or postnatal diagnosis of Down
syndrome. Provides that a health care provider who renders prenatal or postnatal care, or genetic
counselor who renders genetic counseling may, upon receipt of a positive test result from a test
for Down syndrome, provide an expectant or new parent with the information provided by the
Department.
 To read full text of bill: Click
 To file an electronic witness slip: Click
HB 3457, Senator Andy Manar
Amends the Park and Recreational Facility Construction Act. Provides that the Department of
Natural Resources shall give priority to such projects as handicap-accessible playground
equipment.
 To read full text of bill: Click
5
 To file an electronic witness slip: Click
Senate Human Services Committee
May 5, 2015, 3:00 p.m.
Room 409, Capitol Building
Springfield, IL
HB 3172, Senator Pamela J. Althoff
Amends the Children and Family Services Act. Provides that the Department of Children and
Family Services must place in each residential treatment center that accepts wards of the
Department a locked suggestion box into which residents may place comments and concerns to
be addressed by the Department. Provides that only employees of the Department shall have
access to the contents of the locked suggestion boxes and that an employee of the Department
must check the locked suggestion boxes at least once per week.
 To read full text of bill: Click
 To file an electronic witness slip: Click
HB 4049, Senator Terry Link
Amends the Statute on Statutes, the Disabled Persons Rehabilitation Act, the Mental Health and
Developmental Disabilities Administrative Act, the Illinois Public Aid Code, and other various
Acts. Changes all occurrences of "the physically handicapped" to "persons with physical
disabilities", changes all occurrences of "the handicapped" or "handicapped persons" or
"handicapped individuals" to "persons with disabilities", and changes all occurrences of
"handicapping condition" to "disabling condition". Changes all occurrences of "disabled
persons" to "persons with disabilities" and changes all occurrences of "the mentally and
developmentally disabled" to "persons with mental and developmental disabilities". Changes the
title of the "Disabled Persons Rehabilitation Act" and all references to that Act to the
"Rehabilitation of Persons with Disabilities Act". Changes the title of other Acts and the names
of certain funds.
 To read full text of bill: Click
 To file an electronic witness slip: Click
*HB 4096, Senator Heather A. Steans
Amends the Illinois Administrative Procedure Act. Provides the Department of Healthcare and
Family Services with emergency rulemaking power without the 24-month limitation in order to
provide for the expeditious and timely implementation of the provisions of this amendatory Act.
The adoption of emergency rules authorized is deemed to be necessary for the public interest,
safety, and welfare. Amends the Mental Health and Developmental Disabilities Administrative
Act. Defines the terms and provides procedures under which children are eligible to receive
funds for an Individual Care Grant (ICG) for residential placement due to their mental illness,
including alternative in-home or community services in lieu of residential placement, when
clinically appropriate. Supersedes Department of Human Services rules. Creates the Children's
Behavioral Health Bureau within the Department of Healthcare and Family Services and
transfers to the Department certain rights, powers, and duties currently exercised by the
Department of Human Services related to Individual Care Grants for children with complex
behavioral health needs. Provides that this transfer is intended to make possible the more
6
effective and efficient operation of Individual Care Grant services. The transition of the
Individual Care Grant program to Department of Healthcare and Family Services shall be
completed and implemented within 6 months of the effective date of the amendatory Act.
Establishes the Children's Behavioral Health Cabinet. Provides that the Office of the Governor
shall establish and chair a Children's Behavioral Health Cabinet that shall include the Directors
of Healthcare and Family Services, Children and Family Services, and Juvenile Justice or their
designees, the Secretary of Human Services or his or her designee, the State Superintendent of
Education or his or her designee, family representatives, provider representatives, and other
necessary stakeholders, as determined by the Governor, to inform the design and management of
children's behavioral health services. The Children's Behavioral Health Cabinet shall meet at
least quarterly. The Children's Behavioral Health Cabinet shall prepare an annual report to the
General Assembly on or before January 30th of each year related to the implementation of any
remedies in response to litigation against the Department of Healthcare and Family Services
related to children's behavioral health and the general status of children's behavioral health in this
State.
 To read full text of bill: Click
 To file an electronic witness slip: Click
*Equip for Equality supports HB 4096
HB 4112, Senator William R. Haine
Amends the Illinois Police Training Act. Provides that the Illinois Law Enforcement Training
and Standards Board shall create a standard curriculum for a certified training program in crisis
intervention addressing specialized policing responses to people with mental illnesses. Further
provides that officers who have successfully completed this program shall be issued a certificate
attesting to their attendance of a Crisis Intervention Team (CIT) training program.
 To read full text of bill: Click
 To file an electronic witness slip: Click
Senate Judiciary Committee
May 5, 2015, 3:00 p.m.
Room 400, Capitol Building
Springfield, IL
HB 1588, Senator Jason A. Barickman
Amends the Criminal Code of 2012 concerning financial exploitation of an elderly person or a
person with a disability. Replaces the current civil liability provision. Provides that an elderly
person or a person with a disability who suffers injury, damage, or death by reason of physical
abuse or financial abuse may bring an action against any person who has caused the physical or
financial abuse. Provides that the court shall award the following to a plaintiff who prevails in an
action: (1) an amount equal to 3 times all economic damages resulting from the physical or
financial abuse, or $500, whichever amount is greater; (2) an amount equal to 3 times all noneconomic damages resulting from the physical or financial abuse; (3) reasonable attorney's fees
incurred by the plaintiff; and (4) reasonable fees for the services of a guardian or guardian ad
litem incurred by reason of the litigation of a claim brought under this provision. Provides that a
person commencing an action under this provision must serve a copy of the complaint on the
7
Attorney General within 30 days after the action is commenced. Defines "financial abuse, and
"physical abuse".
 To read full text of bill: Click
 To file an electronic witness slip: Click
*HB 2505, Senator Steve Stadelman
Amends the Probate Act of 1975. Provides that a temporary guardian shall have the limited
powers and duties (instead of “all of the powers and duties”) of a guardian of the person or of the
estate which are specifically enumerated by court order.
 To read full text of bill: Click
 To file an electronic witness slip: Click
*Equip for Equality supports HB 2505
HB 4090, Senator Michael Noland
Amends the Mental Health and Developmental Disabilities Confidentiality Act. Provides that
records may be disclosed to law enforcement agencies in connection with the investigation or
recovery of a person who has left a mental health or developmental disability facility or the
custody of the Department of Human Services without being duly discharged or being free to do
so. Provides that an employee of the Department of Human Services may disclose specified
information to the appropriate law enforcement and investigating agencies. In a Section
concerning the escape of a recipient, changes references to “facility” to “custody of the
Department of Human Services”. Makes other changes.
 To read full text of bill: Click
 To file an electronic witness slip: Click
Senate Revenue Committee
May 6, 2015, 2:00 p.m.
Room 212, Capitol Building
Springfield, IL
SUBJECT MATTER TESTIMONY: From the Center for Tax and Budget Accountability
 To file an electronic witness slip: Click
*Indicates Equip for Equality’s position on a bill
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, Legislative Director, Equip for Equality
cherylj2@equipforequality.org or 217-544-0464 ext. 6013
8