Rep. Charlie Meier

Congratulates the Murray Parents Association on its 50th Anniversary.

Amends the Retailers' Occupation Tax Act. Provides that a "marketplace facilitator" does not include a person licensed under the Auction License Act, except for an Internet auction listing service, as defined in the Auction License Act. Senate Committee Amendment No. 1 Adds reference to: 35 ILCS 120/2-5 35 ILCS 120/3 from Ch. 120, par. 442 35 ILCS 185/5-5 35 ILCS 185/5-25 Replaces everything after the enacting clause. Amends the Retailers' Occupation Tax Act. Provides that, beginning January 1, 2020 and through December 31, 2020, sales of tangible personal property made by a marketplace seller over a marketplace for which tax is due but for which use tax has been collected and remitted to the Department of Revenue by a marketplace facilitator are exempt. Provides that the term "marketplace facilitator" does not include any person licensed under the Auction License Act, other than any person who is an Internet auction listing service. Amends the Leveling the Playing Field for Illinois Retail Act. Provides that certified service providers who collect and remit taxes on behalf of retailers may claim the retailers' discount with respect to those taxes. Provides that the retailer is not entitled to the discount with respect to those taxes. Effective immediately.

Amends the Illinois Controlled Substances Act. Provides that a prescriber who is licensed to prescribe controlled substances shall, prior to issuing a prescription for an opioid that is a Schedule II controlled substance, discuss with a patient who is under 18 years of age and is an emancipated minor, or with the patient's parent or guardian if the patient is under 18 years of age and is not an emancipated minor, the risks of developing a physical or psychological dependence on the opioid and, if the prescriber deems it appropriate, any alternative treatments as may be available. Provides that a prescriber who engages in a discussion required under this provision shall include a note in the patient's medical record indicating that the discussion took place. Provides that the discussion required under this provision shall not be required prior to issuing a prescription to any patient who is currently receiving hospice care from a comprehensive hospice licensed under the Hospice Program Licensing Act. Effective immediately. House Floor Amendment No. 1 Replaces everything after the enacting clause. Amends the Illinois Controlled Substances Act. Provides that the Department of Human Services shall develop and make available on its website information on the risks of developing a physical or psychological dependence on opioids and any alternative treatments, including the Opioid Alternative Pilot Program. Provides that the Department shall develop and make available upon request to all prescribers, pharmacists, and patients in the State a pamphlet which explains the risks of developing a physical or psychological dependence on opioids. Provides that this pamphlet may contain any information which the Secretary of the Department deems necessary and may be revised by the Department whenever new information becomes available. Provides that the pamphlet shall be downloadable from the Department's website. Provides that a pharmacist shall, prior to dispensing an opioid that is a Schedule II controlled substance, furnish the pamphlet or information therein developed by the Department and discuss the risks of developing a physical or psychological dependence on opioids. Defines terms. Effective immediately. Senate Committee Amendment No. 1 Adds reference to: 720 ILCS 570/313 from Ch. 56 1/2, par. 1313 Further amends the Illinois Controlled Substances Act. Provides that controlled substances which are lawfully administered in hospitals or institutions licensed under the Hospital Licensing Act shall be exempt from the requirements of a provision concerning the risks of dependence on opioids, except that the prescription for the controlled substance shall be in writing on the patient's record, signed by the prescriber, and dated, and shall state the name and quantity of controlled substances ordered and the quantity actually administered.

Amends the Food Handling Regulation Enforcement Act. In provisions regarding cottage food operations: makes changes to definitions; requires cottage food operations to comply with specified requirements (rather than providing that specified entities may regulate the transaction of food or drink by a cottage food operation if the requirements are met); adds requirements for the sale of low-acid canned foods and fermented or acidified foods; provides that food and drink produced by a cottage food operation shall be sold directly to consumers for their own consumption and not for resale; removes language requiring State-certified local public health departments to regulate the service of food by a cottage food operation and allowing them to require a cottage food operation to submit specified canned foods to a commercial laboratory to verify specified information; requires local health departments to register eligible cottage food operations and issue certificates of registration; adds an exemption for a person who produces or packages a non-potentially hazardous baked good for sale by a religious, charitable, or nonprofit organization for fundraising purposes; preempts home rule; and makes other changes. Repeals provisions regarding home kitchen operations. Senate Committee Amendment No. 1 Deletes reference to: 410 ILCS 625/3.6 rep. Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Restores the definition of "farmers' market". Removes the definition of "hot fill and hold method". Provides that cottage food operations shall not sell or offer to sell low-acid canned foods (rather than listing specified varieties of low-acid canned foods). Provides that, in order to sell a fermented or acidified food, a cottage food operation shall (rather than a local health department may require a cottage food operation to) submit: (1) a recipe meeting specified requirements or (2) an annual written food safety plan and pH tests every 3 years (rather than only a pH test) meeting specified requirements. Provides that a local health department may require a water sample test to verify that the water source being used meets public safety standards related to E. coli coliform (rather than only meets public safety standards). Provides that food packaging may include the designation "Illinois-grown", "Illinois-sourced", or "Illinois farm product" if the products are local farm or food products as defined in specified provisions. Removes the repeal of provisions concerning home kitchen operations. Makes other changes. House Floor Amendment No. 1 Replaces everything after the enacting clause. Amends the Food Handling Regulation Enforcement Act. Removes specified provisions containing requirements for cottage food operations. Contains requirements for cottage food operations that sell fermented or acidified food and baked goods with cheese. Contains requirements for the preparation and packaging of products by a cottage food operation. Provides that food and drink produced by a cottage food operation shall be sold directly to consumers for their own consumption and not for resale. Provides that only food that is non-potentially hazardous may be shipped. Prohibits a cottage food product from being shipped out of State. Requires each cottage food product that is shipped to be sealed in a manner that reveals tampering. Provides that a local health department shall register any eligible cottage food operation that meets the requirements of the provisions and shall issue a certificate of registration with an identifying registration number to each registered cottage food operation. Provides that a local health department may establish a self-certification program for cottage food operators to affirm compliance with applicable laws, rules, and regulations. Provides that registration shall be completed annually and the local health department may impose a fee not to exceed $50. Provides for inspection, fees, and penalties in the event of a consumer complaint or foodborne illness outbreak, an imminent health hazard, or a product that has been found to be misbranded, adulterated, or not in compliance with the conditions for cottage food operations. Provides that a local health department that receives a consumer complaint or a report of foodborne illness related to a cottage food operator in another jurisdiction shall refer the complaint or report to the local health department where the cottage food operator is registered. Contains an exemption from the requirements for a non-potentially hazardous baked good for sale by a religious, charitable, or nonprofit organization for fundraising purposes. Contains a home rule preemption. Contains other provisions. Effective January 1, 2022.

Amends the Regulatory Sunset Act. Extends the repeal date of the Pharmacy Practice Act from January 1, 2023 to January 1, 2030. Effective immediately. House Floor Amendment No. 2 Deletes reference to: 5 ILCS 80/4.33 5 ILCS 80/4.40 Adds reference to: 225 ILCS 85/9.5 225 ILCS 85/17.1 Replaces everything after the enacting clause. Amends the Pharmacy Practice Act. Provides that beginning January 1, 2024 (rather than January 1, 2022), it shall be the joint responsibility of a pharmacy and its pharmacist in charge to ensure that all new pharmacy technicians are educated and trained using a standard nationally accredited education and training program. Makes a corresponding change in provisions concerning the qualifications for licensure of a registered certified pharmacy technician. Effective immediately.

Amends the Nursing Home Care Act. Provides that the Department of Public Health shall require each long-term care facility in the State, as a condition of facility licensure, to adopt and implement written policies, provide for the availability of technology to facility residents, and ensure that appropriate staff and other capabilities are in place to prevent the social isolation of facility residents. Contains specified requirements for the social isolation prevention policies. Provides that the Department shall distribute civil monetary penalty funds, as approved by the federal Centers for Medicare and Medicaid Services, and any other available federal and State funds, upon request, to facilities for communicative technologies and accessories needed for the purposes of the provisions. Provides that whenever the Department conducts an inspection of a long-term care facility, the Department's inspector shall determine whether the long-term facility is in compliance with the provisions and the policies, protocols, and procedures adopted pursuant to the provisions. Requires the Department to adopt rules necessary to implement the provisions within 60 days after the amendatory Act's effective date (and makes conforming changes in the Illinois Administrative Procedure Act). Contains other provisions. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Removes language providing that the Department of Public Health shall require each long-term care facility in the State to perform specified actions as a condition of facility licensure. Provides that the social isolation prevention policies shall not be interpreted as a substitute for in person visitation, but shall be wholly in addition to the existing in person visitation policies. Provides that a resident's individualized visitation plan shall give priority to the resident's preferences over the preferences of the resident's representative. Provides that a long-term care facility may apply for (rather than the Department shall distribute) civil monetary penalty fund grants, and may request other available federal and State funds to obtain assistive and supportive technologies and related accessories that would facilitate communication between residents and other family members, friends, and external support systems. Provides that the Department (rather than the Department's inspector) shall determine whether a long-term care facility is in compliance with the provisions whenever the Department conducts an annual licensure and certification survey, when a complaint is received, or as frequently as may be necessary (rather than whenever the Department conducts an inspection of a long-term care facility). Provides that a noncompliant long-term care facility shall be liable to pay an administrative penalty as a Type "C" violation. Provides that implementation of an administrative penalty as a Type "C" violation under the provisions shall not be imposed prior to January 1, 2023. Makes other changes. Effective immediately. Senate Floor Amendment No. 2 In provisions amending the Nursing Home Care Act, provides that the social isolation prevention policies adopted by each long-term care facility shall be consistent with the rights and privileges guaranteed to residents and constraints provided under specified provisions of the Nursing Home Care Act. House Floor Amendment No. 2 Replaces everything after the enacting clause with the provisions of the engrossed bill with the following changes. Adds provisions regarding legislative findings. Replaces references to specified types of equipment with references to assistive and supportive technology and devices. Requires appropriate staff to develop and update an individualized virtual visitation schedule while taking into account the individual's requests and preferences (rather than to assess and regularly reassess the individual needs and preferences of facility residents). Requires appropriate staff to develop an individualized virtual visitation schedule (rather than an individualized visitation plan) with specified requirements. Provides that specific protocols and procedures shall be developed to ensure that the quantity of assistive and supportive technology and devices maintained on-site at a facility remains sufficient, at all times, to meet the assessed social and activity needs and preferences of each facility resident. Makes other changes. Effective immediately.

Amends the Weights and Measures Act. Provides that all weighing or measuring devices must be placed into service and sealed before they are first used in trade by a serviceperson, service agency, or special sealer registered by the Director or by an inspector. Provides that on any device whose sole method of sealing is an audit trail, event counter, or similar system, a tamper evident label shall be affixed to the device that includes the sealer's registration number as issued by the Director and the most recent count or counts listed in the audit trail, event counter, or similar system. Provides that these counts shall also be entered on all placed in-service reports and any test reports where calibration counts were changed from the beginning of testing. Moves provisions and makes other changes concerning sealing and resealing. Senate Committee Amendment No. 1 Deletes reference to: 225 ILCS 470/42 225 ILCS 470/42.5 new Adds reference to: 225 ILCS 470/1 from Ch. 147, par. 101 Replaces everything after the enacting clause. Amends the Weights and Measures Act. Makes a technical change to the Section containing the short title. Senate Floor Amendment No. 2 Deletes reference to: 225 ILCS 470/1 Adds reference to: 235 ILCS 5/1-3.03 from Ch. 43, par. 95.03 235 ILCS 5/1-3.43 new 235 ILCS 5/1-3.44 new 235 ILCS 5/3-12 235 ILCS 5/5-1 from Ch. 43, par. 115 235 ILCS 5/5-3 from Ch. 43, par. 118 235 ILCS 5/6-4 from Ch. 43, par. 121 235 ILCS 5/6-5 from Ch. 43, par. 122 235 ILCS 5/6-6.1 new 235 ILCS 5/6-9.1 235 ILCS 5/6-9.5 new 235 ILCS 5/6-9.10 new 235 ILCS 5/6-9.15 new 235 ILCS 5/6-17.5 new 235 ILCS 5/6-37 new 235 ILCS 5/6-38 new 235 ILCS 5/8-10.5 new Replaces everything after the enacting clause. Amends the Liquor Control Act of 1934. In provisions concerning the powers and duties of the Illinois Liquor Control Commission, provides that the Commission shall approve self-distribution exemptions if the applicant is not a member of any affiliated group that produces directly or indirectly more than a specified amount of gallons of wine, beer, and spirits per annum, and will not annually produce for sale more than the specified amount of gallons of wine, beer, and spirits per annum. Provides that the Commission may fine, suspend, or revoke a self-distribution exemption after a hearing if it finds that the exemption holder has exceeded production of a specified amount of gallons of wine, beer, or spirits in any calendar year. Sets forth provisions concerning requirements for class 3 brewer licensees. Provides that the Commission may adopt rules governing self-distribution examples. Authorizes a distributor licensee to sell mead to brewers, class 1 brewers, and class 2 brewers that sell beer, cider, or mead to non-licensees at their breweries. Provides that a self-distribution exemption for certain wine manufacturers shall allow the sale of cider, mead, or both cider and mead to brewers, class 1 brewers, class 2 brewers, and class 3 brewers that sell beer, cider, mead, or any combination thereof to non-licensees at their breweries. Sets forth provisions concerning requirements for first class and second class wine-manufacturers that manufacture beer or spirits, class 1 and class 2 craft distillers that manufacture beer, and class 1 and class 2 brewers that manufacture spirits or wine. Provides that a brewer, class 1 brewer, or class 2 brewer may sell mead for on-premises or off-premises consumption. Provides that a first class wine-maker that concurrently holds a class 1 brewer license or a class 1 craft distiller license shall not be eligible to hold a wine-maker's premises license. Provides that the Commission may issue beer showcase permit licenses. Sets forth provisions concerning beer showcase permit licenses. Changes fees for first-class wine manufacturer and first-class wine-maker licenses and establishes fees for class 3 brewer and beer showcase permit licenses. Sets forth provisions concerning stocking, rotation, resetting, and pricing services; cooperative purchase agreements; quantity discounting programs; transfer of wine or spirits by a retail licensee with multiple licenses; one-time inventory transfer of wine or spirits by a retail licensee with multiple licenses; and beer production quantity reporting. Defines terms. Makes other changes. Effective immediately. Senate Floor Amendment No. 4 In provisions concerning quantity discounting terms for wine or spirits cooperative purchase agreements, provides that nothing in the provisions shall be construed to prohibit, limit, or interfere with quantity discount, credit, or rebate programs (instead of quantity discount programs) offered for any product fermented with malt or any substitute for malt. Senate Floor Amendment No. 5 Provides that provisions concerning a written list of delinquent retail licensees that shall be developed, administered, and maintained by the Illinois Liquor Control Commission take effect January 1, 2022 (rather than immediately).

Amends the Illinois Domestic Violence Act of 1986. Provides that the Supreme Court may implement a program to issue a Hope Card to the petitioner of a plenary order of protection for the petitioner to distribute to any individual who may need to be aware of the order. Adds provisions concerning the design and details of a Hope Card. Provides that a Hope Card shall have the same effect as the underlying plenary order of protection. Provides that the program may provide for the issuance of a temporary Hope Card at the time of the entry of the plenary order of protection. Provides that the first Hope Card shall be free, and the Supreme Court may establish a fee for any additional Hope Card, not to exceed $7 per Hope Card. Makes a corresponding change. House Committee Amendment No. 1 Provides that the Supreme Court shall (rather than may) implement a program to issue a Hope Card to the petitioner of a plenary order of protection. Provides that 3 three Hope Cards per protected party (rather than the first Hope Card) issued shall be free. Allows the Supreme Court to establish a fee for any additional Hope Card, not to exceed $5 (rather than $7) per Hope Card. House Floor Amendment No. 2 Replaces everything after the enacting clause with the contents of the introduced bill and House Amendment No. 1, but provides that the Supreme Court may (rather than shall) implement a program to issue a Hope Card to the petitioner of a plenary order of protection.

Amends the Mental Health and Developmental Disabilities Code. Provides that when an initial investigation of a reported allegation of abuse, neglect or financial exploitation of a recipient of services indicates, based upon credible evidence, that an employee of a mental health or developmental disability facility is the perpetrator of the abuse, that employee shall immediately be barred from any further contact with recipients of services of the facility. Provides that an employee barred from contact with recipients of services shall remain barred: (1) pending the outcome of any further investigation, prosecution or disciplinary action against the employee; or (2) until the Department of Human Services Office of Inspector General independently determines that the allegation or allegations against the employee will be unsubstantiated or unfounded in the Office of Inspector General's final investigative report. Defines "credible evidence".

Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that a violation of the federal Eliminating Kickbacks in Recovery Act of 2018 constitutes a violation of the Consumer Fraud and Deceptive Business Practices Act. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Amends a provision of the Consumer Fraud and Deceptive Business Practices Act concerning the deceptive marketing, advertising, and sale of mental health disorder and substance use disorder treatment. Provides that it is an unlawful practice for any person to solicit, offer, or enter into an arrangement under which a patient seeking mental health disorder or substance use disorder treatment is referred to a mental health disorder or substance use disorder treatment program or facility in exchange for a fee or any other remuneration. Provides that it is not an unlawful practice for programs and facilities to enter into personal services agreements or management services agreements with third parties that do not take into account the volume or value of referrals. Provides that it is not an unlawful practice for programs or facilities to provide discounts for treatment services to clients as long as the discount is based on financial necessity in accordance with the program's or facility's charity care plan, regardless of referral source or reason. Provides that compensation paid by programs or facilities to their employees and independent contractors related to identifying, locating, and securing referrals to that program or facility is not an unlawful practice if the amount of compensation provided to the employee or independent contractor does not vary based upon the volume or value of such referrals. Effective immediately.