Rep. Ann Williams

Creates the Executive Order 3 (2017) Implementation Act. Implements and supersedes the provisions of Executive Order 3 (2017) concerning transfers from the Department of Commerce and Economic Opportunity to the Environmental Protection Agency. Transfers various powers, duties, rights, and responsibilities of the Office of Energy and Recycling under the Department of Commerce and Economic Opportunity to the Environmental Protection Agency. Makes corresponding changes throughout the statutes. Provides that the Renewable Energy, Energy Efficiency, and Coal Resources Development Law of 1997 is repealed on December 31, 2025 (rather than 2021). Effective immediately. House Floor Amendment No. 1 In provisions amending the Renewable Energy, Energy Efficiency, and Coal Resources Development Law of 1997, provides that references to the "Agency" (rather than the "Department") refer to the Environmental Protection Agency. House Floor Amendment No. 2 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. In provisions amending the Renewable Energy, Energy Efficiency, and Coal Resources Development Law of 1997, provides that references to the "Agency" (rather than the "Department") refer to the Environmental Protection Agency. Corrects typographical errors in provisions amending the Illinois Solid Waste Management Act and the Recycled Newsprint Use Act.

Amends the Evidence Article of the Code of Civil Procedure. Provides that "rape crisis organization" includes, but is not limited to, rape crisis centers certified by a statewide sexual assault coalition. House Committee Amendment No. 1 Changes the definition of "rape crisis organization" to mean any organization or association a major purpose of which (instead of "the major purpose of which") is providing information, counseling, and psychological support to victims of any or all of the crimes of aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual assault, sexual relations between siblings, criminal sexual abuse, and aggravated criminal sexual abuse.

Creates the Prior Authorization Reform Act. Provides requirements concerning disclosure and review of prior authorization requirements, denial of claims or coverage by a utilization review organization, and the implementation of prior authorization requirements or restrictions. Provides requirements concerning a utilization review organization's obligations with respect to prior authorizations in nonurgent circumstances, urgent health care services, and emergency health care services. Provides that a utilization review organization shall not require prior authorization under specified circumstances. Provides requirements concerning the length of prior authorizations. Provides that health care services are automatically deemed authorized if a utilization review organization fails to comply with the requirements of the Act. Provides that the Director of Insurance may impose an administrative fine not to exceed $250,000 for violations of the Act. Defines terms. Amends the Illinois Insurance Code to change the definition of "emergency medical condition". Amends the Managed Care Reform and Patient Rights Act to provide that companies that transact accident and health insurance shall comply with specified requirements of the Managed Care Reform and Patient Rights Act. Amends the Illinois Public Aid Code to provide that all managed care organizations shall comply with the requirements of the Prior Authorization Reform Act. Makes other changes. Effective January 1, 2022. House Floor Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Changes references from "utilization review organization" to "health insurance issuer" or "health insurance issuer or its contracted utilization review organization". Provides that a health insurance issuer or its contracted utilization review organization must ensure that all adverse determinations are made by a physician when the request is by a physician or a representative of a physician. Provides that a health insurance issuer shall periodically review its prior authorization requirements and consider removal of prior authorization requirements in specified circumstances (rather than a utilization review organization shall not require prior authorization in specified circumstances). In provisions concerning length of prior authorization approval, provides that a prior authorization approval shall be valid for the lesser of 12 months after the date the health care professional or health care provider receives the prior authorization approval or the length of treatment as determined by the patient's health care professional. In provisions concerning clinical review criteria of prior authorization requirements, removes language that provides that a utilization review organization shall seek input from actively practicing physicians representing major areas of the specialty who are not employees of the utilization review organization or consultants to the utilization review organization before establishing or substantially or materially altering written clinical review criteria. Removes language that provides that a utilization review organization shall not deny prior authorization of a health care service solely based on the grounds that a health care professional or health care provider judges a service, product, or procedure is medically appropriate for his or her patient even if it has not been formally approved for the specific condition being treated. In provisions concerning statistics that shall be made available regarding prior authorization approvals and denials, removes specified categories of information. In provisions concerning requirements applicable to the physician who can review consultations and appeals, removes language that provides that the physician must not be employed by a utilization review organization, be under contract with the utilization review organization other than to participate in one or more of the utilization review organization's health care professional networks or to perform reviews of appeals, or otherwise have any financial interest in the outcome of the appeal. Makes other changes. Effective January 1, 2022. House Floor Amendment No. 2 Deletes reference to: 215 ILCS 134/65 Adds reference to: 215 ILCS 5/155.36 Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following changes: In the Prior Authorization Reform Act, deletes a Section concerning obligations with respect to prior authorization concerning emergency health care services, and makes changes in provisions governing applicability; definitions; disclosure and review of prior authorization requirements; obligations with respect to prior authorizations; personnel qualified to make adverse determinations of a prior authorization request; adverse determinations; review of appeals; denials; length of prior authorization approval; continuity of care; effect of failure to comply with the Act; and administration and enforcement. Makes further changes in the Illinois Insurance Code in a Section concerning obligations under the Managed Care Reform and Patient Rights Act. Deletes changes made to the Managed Care Reform and Patient Rights Act in a Section concerning emergency services prior to stabilization. Effective January 1, 2022.

Amends the Counties Code. Provides that, in counties with a population over 3,000,000, the Public Defender, without fee or appointment and with the approval of the county board, may act as attorney to noncitizens in immigration cases related to or resulting from an underlying court matter in which the Public Defender served as attorney before he or she became the Public Defender. Provides that representation by the Public Defender in immigration cases is limited to those arising in immigration courts located within the geographical boundaries of the county where the Public Defender has been appointed to office unless the board authorizes the Public Defender to provide representation outside the county. House Committee Amendment No. 1 Deletes reference to: 55 ILCS 5/3-4004.2 55 ILCS 5/3-4004.5 new Adds reference to: 55 ILCS 5/3-4006 from Ch. 34, par. 3-4006 Replaces everything after the enacting clause. Amends the Counties Code. Provides that, in counties with a population over 3,000,000, the public defender, without fee or appointment and with the concurrence of the county board, may act as attorney to noncitizens in immigration cases. Provides that representation by the public defender in immigration cases shall be limited to those arising in immigration courts located within the geographical boundaries of the county where the public defender has been appointed to office unless the board authorizes the public defender to provide representation outside the county.

Amends the Limitations Article of the Code of Civil Procedure. Provides that an attorney malpractice action in which the injury did not occur until the death of the person for whom the professional services were rendered may not be commenced in any event more than 6 years after the date the professional services were performed. Provides, with exceptions, that the changes apply to every cause of action, regardless of the date that the cause of action accrues.

Creates the Carbon Capture, Utilization, and Storage Legislation Task Force Act. Creates the Carbon Capture, Utilization, and Storage Legislation Task Force. Adds provisions governing Task Force membership, duties, powers, and compensation. Provides that the Task Force shall meet no less than once a month beginning in July 2021. Provides that the Task Force shall submit a report to the Governor and the General Assembly on or before December 31, 2021. Dissolves the Task Force upon the filing of the report. Provides that the Act is repealed on January 1, 2023. Effective immediately. House Floor Amendment No. 2 Deletes reference to: New Act Adds reference to: 110 ILCS 305/120 new Replaces everything after the enacting clause. Amends the University of Illinois Act. Provides that subject to appropriation, the Prairie Research Institute at the University of Illinois at Urbana-Champaign, in consultation with an intergovernmental advisory committee, must file a report on potential for carbon capture, utilization, and storage as a clean energy technology throughout Illinois with the Governor and General Assembly no later than December 31, 2022. Provides that the report must provide an assessment of Illinois subsurface storage resources, state of readiness, and provide recommendations for policy and regulatory needs at the State level based on its findings. Provides that in developing the report, the Prairie Research Institute shall form an advisory committee and provides for membership of the committee. Provides that the Prairie Research Institute shall also engage with interested stakeholders throughout the State to gain insights into socio-economic perspectives from environmental justice organizations, environmental non-governmental organizations, industry, landowners, farm bureaus, manufacturing, labor unions, and others. Repeals the provisions on January 1, 2023. Effective immediately. House Floor Amendment No. 3 Deletes reference to: New Act Adds reference to: 110 ILCS 305/120 new Replaces everything after the enacting clause. Amends the University of Illinois Act. Provides that subject to appropriation, the Prairie Research Institute at the University of Illinois at Urbana-Champaign, in consultation with an intergovernmental advisory committee, must file a report on potential for carbon capture, utilization, and storage as a climate mitigation technology throughout Illinois with the Governor and General Assembly no later than December 31, 2022. Provides that the report must provide an assessment of Illinois subsurface storage resources, state of readiness, and provide recommendations for policy and regulatory needs at the State level based on its findings. Provides that in developing the report, the Prairie Research Institute shall form an advisory committee and provides for membership of the committee. Provides that the Prairie Research Institute shall also engage with interested stakeholders throughout the State to gain insights into socio-economic perspectives from environmental justice organizations, environmental non-governmental organizations, industry, landowners, farm bureaus, manufacturing, labor unions, and others. Repeals the provisions on January 1, 2023. Effective immediately. Senate Floor Amendment No. 1 In provisions amending the University of Illinois Act, provides that the report on the potential for carbon capture, utilization, and storage shall provide an assessment of Illinois subsurface storage resources, a description of existing and selected subsurface storage projects, and best practices for carbon storage. Provides that additionally, the report shall provide recommendations for policy and regulatory needs at the State level based on its findings (rather than the report must provide an assessment of Illinois subsurface storage resources, state of readiness, and provide recommendations for policy and regulatory needs at the State level based on its findings).

Amends the School Code. Provides that all public schools shall provide daily time for supervised, unstructured, child-directed play for all students in kindergarten through grade 8. Specifies further requirements concerning play time. Provides that play time shall not count as a course of physical education. Provides that play time shall be considered clock hours for purposes of the Code. Provides for the inclusion of students with disabilities in play time. Provides that public schools shall prohibit the withholding of play time as a disciplinary or punitive action, except when a student's participation in play time poses an immediate threat to the safety of the student or others. Effective July 1, 2021. House Floor Amendment No. 1 Replaces everything after the enacting clause. Reinserts the contents of the engrossed bill, and makes the following changes. Provides that play time shall be for all students in kindergarten through grade 5 (rather than for all students in kindergarten through grade 8). Requires play time to be for at least 30 minutes (rather than 60 minutes) on any school day that is 5 clock hours or longer in length. Provides that, for any school day less than 5 clock hours, play time shall be at least one-tenth (rather than one-fifth) of a day of attendance. Removes the requirement that, to the extent appropriate, students with disabilities shall participate in play with students who do not have a disability; provides instead that play time must comply with a student's applicable individualized education program (IEP) or federal Section 504 plan. Effective July 1, 2021. Fiscal Note, House Floor Amendment No. 1 (State Board of Education) As amended by HA 1, SB 654 will have no fiscal impact annually to the State Board of Education. The amendment will have an unknown fiscal impact on school districts. Fiscal Note, House Floor Amendment No. 1 (State Board of Education) As amended by HA 1, SB 654 will have no fiscal impact annually to the State Board of Education. The amendment will have an unknown fiscal impact on school districts.

Amends the State Commemorative Dates Act. Provides that Juneteenth National Freedom Day shall be observed on June 19 of each year as a holiday throughout the State (currently, not a holiday and is observed on the third Saturday of June of each year). Provides that when June 19 falls on a Sunday, the following Monday shall be held and considered the holiday. Amends the Election Code, the Illinois Procurement Code, the School Code, and the Promissory Note and Bank Holiday Act to include Juneteenth National Freedom Day as a holiday. Effective immediately. Fiscal Note (Dept. of Central Management Services) Senate Bill 1965 will not require additional resources. Salaries will be paid, whether on holiday or at work. What is lost is productivity. If that equates to the cost of salaries, then CMS Bureau of Personnel's estimate is $11.3M statewide.

Amends the Illinois Trust Code. Moves the definitions of "appointive property" and "permissible appointee" from the Trust Decanting Article and the Uniform Powers of Appointment Law to the definitions Section for the entire Code. Makes changes in provisions concerning: definitions; default and mandatory rules; governing law; nonjudicial settlement agreements; representation; representation by holders of certain powers; trust creation; trusts created in other jurisdictions; trusts for domestic animals; modifications to achieve settlor's objectives; creditor claims; revocation by divorce or annulment; directed trusts; the trustee's duty to inform and account; distribution upon termination; life insurance; conversion by agreement; trust decanting; powers of appointment; and applicability. In the Mental Health and Developmental Disabilities Code, changes a cross-reference to the Illinois Trust Code. House Committee Amendment No. 1 Adds reference to: 405 ILCS 5/3-819 from Ch. 91 1/2, par. 3-819 405 ILCS 5/5-105 from Ch. 91 1/2, par. 5-105 750 ILCS 5/513.5 In the Mental Health and Developmental Disabilities Code and the Illinois Marriage and Dissolution of Marriage Act, makes additional changes to cross-references to the Illinois Trust Code. In the Illinois Marriage and Dissolution of Marriage Act, changes a reference to a "special needs trust" to a reference to a "trust for a beneficiary with a disability".

Amends the Environmental Protection Act. Provides that within 180 days after the effective date of the amendatory Act, the Pollution Control Board shall adopt amendments to the rules adopted under specified provisions to require groundwater monitoring at all clean construction or demolition debris fill operations and all uncontaminated soil fill operations. Provides that the groundwater monitoring requirements adopted under specified provisions shall be designed to detect and prevent any exceedance of the Board's Class I groundwater quality standards and meet specified requirements. Provides that groundwater monitoring shall be required for all clean construction or demolition debris fill operations and all uncontaminated soil fill operations unless, before the effective date of the amendatory Act, the owner or operator has completed post-closure maintenance and, for clean construction or demolition debris fill operations, received specified notice from the Environmental Protection Agency, or, for uncontaminated soil fill operations, submitted specified information to the Agency. Effective immediately. House Floor Amendment No. 1 Deletes reference to: 415 ILCS 5/22.51 415 ILCS 5/22.51a Adds reference to: 415 ILCS 5/22.51b Replaces everything after the enacting clause. Amends the Environmental Protection Act. In provisions regarding fees for permitted facilities accepting clean construction or demolition debris or uncontaminated soils, changes specified fees in specified amounts. Provides that all fees, taxes, and surcharges collected under the provisions shall be used for, among other things, environmental safety purposes.