Rep. Kelly Cassidy

Amends the Medical Assistance Article of the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services, in supplying medical assistance, to provide for the legally authorized services of persons licensed under the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act as clinical professional counselors.

Creates the Safe Gun Storage Act. Provides that a firearm owner shall not store or keep any firearm in any premises unless the firearm is secured in a locked container, properly engaged so as to render the firearm inaccessible or unusable to any person other than the owner or other lawfully authorized user. Provides that if the firearm is carried by or under the control of the owner or other lawfully authorized user, then the firearm is deemed lawfully stored or kept. Provides that a violation is subject to a civil penalty not to exceed $500. Provides that a violation is subject to a civil penalty not to exceed $1,000 if any person knows or reasonably should know that a minor, an at-risk person, or a prohibited person is likely to gain access to a firearm belonging to or under the control of that person and a minor, an at-risk person, or a prohibited person obtains the firearm. Provides that a violation is subject to a civil penalty not to exceed $10,000 if a minor, an at-risk person, or a prohibited person obtains a firearm and uses it to injure or cause the death of a person or uses the firearm in connection with a crime. Provides that any money received from the collection of a civil penalty shall be deposited in the Mental Health Fund. Makes corresponding changes in the Criminal Code of 2012.

Amends the Unified Code of Corrections. Provides that a person who, in good faith, seeks or obtains emergency medical assistance for someone experiencing an overdose shall not be deemed to violate his or her conditions of aftercare release (for a juvenile) or conditions of parole or mandatory supervised release.

Creates the Pharmaceutical Recovery Act. Requires covered manufacturers to, no later than July 1, 2021 or 6 months after becoming a covered manufacturer, whichever is later, participate in an approved drug take-back program or have established and implemented a drug take-back program independently or as part of a group of covered manufacturers. Provides requirements for the drug take-back program and for manufacturer program operators. Requires each manufacturer program operator to submit a proposal for the establishment and implementation of a drug take-back program to the Environmental Protection Agency for review and approval. Contains provisions regarding changes or modifications to drug take-back programs, promotion of drug take-back programs, annual reports, funding, and reimbursement. Requires covered manufacturers and manufacturer program operators to submit an annual $5,000 registration fee. Provides civil penalties. Creates the Pharmaceutical Take-Back Reimbursement Program Fund and makes a conforming change in the State Finance Act. Contains other provisions. Amends the Freedom of Information Act. Provides that proprietary information submitted to the Environmental Protection Agency under the Pharmaceutical Recovery Act is exempt from inspection and copying under the Act. Effective immediately.

Amends the Illinois Municipal Code. Provides that a home rule municipality with a population in excess of 1,000,000 may restructure the rates of an existing real estate transfer tax to specified amounts. Provides that if the municipality increases the real estate transfer tax rates as provided in this subsection, then of the entire proceeds received from the real estate transfer tax, 75% shall be dedicated to the city's general budget and 25% shall be dedicated to housing and services to combat homelessness.

Amends the Invest in Kids Act. Provides that a qualified school that accepts scholarship students must comply with: all provisions of federal and State laws and rules applicable to public schools pertaining to special education and the instruction of English learners and certain provisions of the School Code concerning charter schools; provisions of the Illinois Humans Rights Act; and specific provisions of the School Code. Effective Immediately.

Creates the CBD Safety Act. Prohibits the sale or distribution of a CBD product unless the CBD product has labeling and has undergone lab testing that meet labeling and minimum testing requirements pursuant to rules adopted by the Department of Agriculture. Requires the Department to administer and enforce the Act and to develop rules for the labeling and minimum testing requirements of CBD products using a specified provision of the Illinois Administrative Code as a model. Provides that the Department of Public Health, the Illinois State Police, and the Department of Agriculture may inspect any business that manufactures, processes, transports, or distributes CBD products in the State to ensure compliance with the Act. Provides specified criminal fines, imprisonment, and administrative penalties for violations of the Act and directs that criminal fines collected under the Act shall be deposited into the CBD Safety Fund. Allows the Director to pursue and a court to grant a temporary restraining order or a preliminary or permanent injunction restraining any person from violating the Act. Contains other provisions. Amends the Illinois Administrative Procedure Act. Allows the Department of Agriculture to adopt emergency rules to implement the CBD Safety Act. Amends the State Finance Act. Creates the CBD Safety Fund. Effective 180 days after becoming law.

Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act. Provides that, beginning on July 1, 2020, breast pumps, breast pump collection and storage supplies, and breast pump kits are exempt from the taxes imposed under those Acts. Effective immediately.

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 program, and the implementation of prior authorization requirements or restrictions. Provides requirements concerning a utilization review program's obligations with respect to prior authorizations in nonurgent circumstances, urgent health care services, and emergency health care services. Provides that a utilization review program 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 program 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 Managed Care Reform and Patient Rights Act to provide that an insurer that provides prescription drug benefits must comply with the requirements of the Prior Authorization Reform Act. Provides that if prior authorization for covered post-stabilization services is required by a health care plan, the plan shall comply with the requirements of the Prior Authorization Reform 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, 2021.

Amends the Illinois Income Tax Act. Provides that, if the amount of the credit for residential real property taxes exceeds the taxpayer's liability, that amount shall be refunded if the taxpayer is 65 years or older and has a federal adjusted gross income of not more than $50,000. Provides that the credit is exempt from the Act's automatic sunset provision. Effective immediately.