Rep. Kelly Cassidy

Amends the Freedom From Location Surveillance Act. Provides that "electronic device" means any device that enables access to, or use of an electronic communication service that provides the ability to send or receive wire or electronic communications, including wireless communications connecting the device to a telephone network. Modifies the definition of "location information" to include information concerning the location of an electronic device that, in whole or in part, is generated by or derived from the possession of the device (rather than only operation of the device). Provides that a law enforcement agency shall not obtain location information (rather than current or future location information) pertaining to a person or his or her effects without first obtaining a court order under the Code of Criminal Procedure of 1963 based on probable cause. Provides that the Act does not apply to a law enforcement agency obtaining basic subscriber information from a service provider under a valid court order or search warrant (removes subpoena). Makes other changes. Effective immediately. House Committee Amendment No. 3 Deletes reference to: 725 ILCS 168/5 725 ILCS 168/30 Replaces everything after the enacting clause. Amends the Freedom From Location Surveillance Act. Reinserts the provisions of the introduced bill, except omits the amendatory changes to the provision concerning the inapplicability of the Act and definitional provisions. Effective immediately.

Amends the Illinois Credit Union Act. Provides that if the Act requires information to be written or delivered in writing, an electronic record or delivery satisfies the rule of law. Provides that if the Act requires a policy, record, notice, or other document or information to be mailed or otherwise furnished or disclosed by a credit union, electronic distribution or delivery satisfies the rule of law. Provides that a policy adopted by the board may delegate expulsion authority to senior management officials of the credit union. Provides that a member expelled by a senior management official may seek reinstatement by appealing the action within 30 days of expulsion to the board of directors, and that the board may affirm, disaffirm, or modify the action, and the board's decision is final. Provides that a credit union may invest in securities, obligations, or other instruments of or issued by entities properly registered with or licensed by the Department of Financial and Professional Regulation. Increases a credit union's aggregate loan amount and the total amount of funds not used in loans to members that may be invested in shares and stocks of Credit Union Service Organizations to 10% (instead of 3%) of the paid-in and unimpaired capital and surplus of the credit union. Modifies a credit union's investment limit in shares or stocks of Credit Union Service Organizations to not exceed 10% (instead of 3%) of the paid-in and unimpaired capital and surplus of the credit union or the amount authorized for federal credit unions. Makes other changes. Effective immediately. Senate Floor Amendment No. 1 Deletes reference to: 205 ILCS 305/44 Adds reference to: 205 ILCS 305/44.1 new Replaces provisions regarding the reporting and turnover provisions of the Revised Uniform Unclaimed Property Act relating to credit unions with a provision allowing a credit union to deduct a dormancy charge or escheat fee from property delivered to the administrator under the Revised Uniform Unclaimed Property Act. Senate Floor Amendment No. 2 Requires that credit unions annually disclose director remuneration to the membership. Provides that the disclosure shall contain: (i) the amount paid to each director and (ii) the amount paid to the directors as a group. Deletes language authorizing credit unions to invest in securities of entities licensed by the Department of Financial and Professional Regulation, including entities licensed under the Residential Mortgage License Act of 1987, the Consumer Installment Loan Act, and the Sales Finance Agency Act. Corrects a typographical error. House Committee Amendment No. 1 Deletes reference to: 205 ILCS 305/51 from Ch. 17, par. 4452 Replaces everything after the enacting clause with the provisions of the engrossed bill, and makes the following changes: Provides that the Department of Financial and Professional Regulation shall, by rule, establish maximum rates of reasonable compensation for directors and committee members that are generally applicable to credit unions considering factors the Department may establish from time to time, including, but not limited to, total assets, nonprofit cooperative structure, and the best interests of members. Deletes language providing that with approval of the board of directors, a credit union may make loans to credit union organizations if the aggregate amount of all such loans outstanding does not exceed the greater of 10% (instead of 3%) of the paid-in and unimpaired capital and surplus of the credit union or the amount authorized for federal credit unions. Deletes language providing that funds not used in loans to members may be invested in shares or stocks of credit union service organizations in the total amount not exceeding the greater of 10% (instead of 3%) of the unimpaired capital and surplus of the credit union or the amount authorized for federal credit unions. Effective immediately.

Amends the Code of Criminal Procedure of 1963. Creates a bill of rights for children of incarcerated parents. Provides that the Department of Corrections, the county sheriff, or county correctional department shall develop and implement policies and practices that adhere to the bill of rights for decisions that impact incarcerated individuals with children. Effective immediately. Correctional Note (Dept of Corrections) There is no fiscal or population impact on the department. House Floor Amendment No. 3 Deletes reference to: 725 ILCS 5/106F-5 Adds reference to: 725 ILCS 5/106F-15 new 725 ILCS 5/106F-20 new Replaces everything after the enacting clause. Amends the Code of Criminal Procedure of 1963. Creates the Task Force on Children of Incarcerated Parents. Provides for membership of the Task Force. Provides that the Office of the Lieutenant Governor shall provide administrative and technical support to the Task Force and shall be responsible for administering its operations, appointing a chairperson, and ensuring that the requirements of the Task Force are met. Provides that the Task Force shall have all appointments made within 30 days of the effective date of the amendatory Act. Provides that the first meeting shall be held no later than August 1, 2019. Provides that the Task Force shall review available research, best practices, and effective interventions to formulate recommendations. Provides that the Task Force shall submit a report of its findings and recommendations to the General Assembly and the Governor by December 31, 2019. Makes other changes. Effective immediately.

Creates the Lodging Establishment Human Trafficking Recognition Training Act. Requires hotels and motels to train employees in the recognition of human trafficking and protocols for reporting observed human trafficking to the appropriate authority. Provides that the Department of Labor shall develop the curriculum for the training. Requires the training program to be developed by January 1, 2020 and training by hotels and motels to begin by June 1, 2020. Effective immediately. House Committee Amendment No. 1 Replaces everything after the enacting clause with the contents of the introduced bill with changes. Limits the scope of the training requirement to employees who routinely interact with guests. Requires lodging establishments to provide its employees with training within 6 months of beginning employment and every 2 years thereafter. Provides for the Department of Human Services rather than the Department of Labor to administer the Act. Provides that a lodging establishment may use its own training curriculum or that of a third party if the curriculum meets minimum standards. Effective immediately. Senate Committee Amendment No. 1 Provides that the Department of Human Services may consult, rather than obtain approval of, the United States Department of Justice for the human trafficking recognition training program developed under the Act. Provides that the human trafficking recognition training program shall be developed and published no later than July 1, 2020, rather than January 1, 2020.

Amends the Civil Administrative Code of Illinois. Provides that, except as otherwise provided by law, no department shall deny an occupational or professional license based solely on the applicant's citizenship status or immigration status. Amends the Illinois Explosives Act to allow a person admitted for permanent residence to qualify for licensure. Amends the Illinois Plumbing License Law, the Water Well and Pump Installation Contractor's License Act, the Illinois Horse Meat Act, the Liquor Control Act of 1934, and the Safety Deposit License Act to remove references to United States citizenship as a prerequisite for licensure. Amends the Coal Mining Act to remove references to United States citizenship as a prerequisite and references to the ability to speak and understand the American Language. Makes other changes. Senate Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. In the Illinois Explosives Act, allows a person lawfully admitted for permanent residence (rather than a person admitted for permanent residence) to qualify for licensure. In the Coal Mining Act, restores references to United States citizenship and adds references to persons lawfully admitted for permanent residence. Adds an immediate effective date.

Amends the Electronic Fund Transfer Act. Makes a technical change in a Section concerning powers and duties under the Act. House Committee Amendment No. 1 Deletes reference to: 205 ILCS 616/20 Adds reference to: New Act 5 ILCS 140/7.5 5 ILCS 375/6.11 215 ILCS 5/Art. XXXIIB heading new 215 ILCS 5/513b1 new 215 ILCS 5/513b2 new 215 ILCS 5/513b3 new 215 ILCS 5/513b4 new 215 ILCS 5/513b5 new 215 ILCS 5/513b6 new 215 ILCS 125/5-3 from Ch. 111 1/2, par. 1411.2 215 ILCS 134/30 215 ILCS 134/65 225 ILCS 85/42 new 305 ILCS 5/5-36 new Replaces everything after the enacting clause. Amends the Illinois Insurance Code. Provides that a contract between a health insurer and a pharmacy benefit manager must:(1) require the pharmacy benefit manager to update maximum allowable cost pricing information and maintain a process that will eliminate drugs from maximum allowable cost lists or modify drug prices to remain consistent with changes in pricing data; (2) prohibit the pharmacy benefit manager from limiting a pharmacist's ability to disclose the availability of a more affordable alternative drug; and (3) prohibit the pharmacy benefit manager from requiring an insured to make a payment for a prescription drug in an amount that exceeds the lesser of the applicable cost-sharing amount or the retail price of the drug. Contains provisions concerning the inclusion of prescription drugs on a maximum allowable cost list, State licensing requirements for pharmacy benefit managers, and other matters. Makes conforming changes to other Acts. Amends the Managed Care Reform and Patient Rights Act. Provides that a health care plan shall apply any third-party payments for prescription drugs. Makes changes to provisions concerning the denial of coverage for emergency services. Amends the Illinois Public Aid Code. Provides that the Department of Healthcare and Family Services may enter into a contract with any third party on a fee-for-service reimbursement model for the purpose of administering pharmacy benefits. Requires the Department to ensure coordination of care between the third-party administrator and managed care organizations as a consideration in any contracts established. Amends the Freedom of Information Act to exempt from disclosure certain information pharmacy benefits managers are required to provide under the Illinois Public Aid Code. Contains a severability provision. House Floor Amendment No. 2 Deletes reference to: 215 ILCS 134/65 Adds reference to: 5 ILCS 140/7 215 ILCS 134/10 Replaces everything after the enacting clause. Reinserts the provisions of House Amendment No. 1, but with the following changes: Further amends the Illinois Insurance Code. In a provision concerning contracts between health insurers and pharmacy benefit managers, provides that such contracts must require pharmacy benefit managers to: (1) update maximum allowable cost pricing information at least every 7 calendar days; (2) provide access to its maximum allowable cost list to each pharmacy or pharmacy services administrative organization, as defined, subject to the maximum allowable cost list; (4) provide a process by which a contracted pharmacy can appeal the provider's reimbursement for a drug subject to maximum allowable cost pricing; and other matters. Regarding a drug on the maximum allowable cost list, requires pharmacy benefits managers to ensure that: (i) if a drug is a generically equivalent drug, it is listed as therapeutically equivalent and pharmaceutically equivalent to certain rating standards; (ii) the drug is available for purchase by each pharmacy in the State from national or regional wholesalers operating in Illinois; and (ii) the drug is not obsolete (rather than requiring a drug to have at least 3 or more nationally available, therapeutically equivalent, multiple source generic drugs with a significant cost difference and be available for purchase without limitations by all pharmacies in the State from national or regional wholesalers). Permits the Director of Insurance to examine a pharmacy benefit manager's designee, representative, or other specified persons (rather than any individual) about the business of the pharmacy benefit manager. Contains provisions concerning the denial of a pharmacy benefits manager's registration application or the suspension or revocation of a pharmacy benefits manager's registration. Defines terms. Further amends the Managed Care Reform and Patient Rights Act. Makes changes to the definition of "emergency medical condition". Removes changes made to a provision concerning the denial of coverage and payment for emergency services provided without prior authorization or an approved plan. Further amends the Illinois Public Aid Code. Makes changes to certain reporting requirements imposed on the Director of Healthcare and Family Services. Requires a pharmacy benefit manager to make certain disclosures to the Department of Healthcare and Family Services upon request. Requires a pharmacy benefit manager to make certain written disclosures to a pharmacy provider or pharmacy services administrative organization. Defines "pharmacy services administrative organization." Requires the Department to adopt rules establishing reasonable dispensing fees for fee-for-service payments in accordance with guidance or guidelines from the federal Centers for Medicare and Medicaid Services.

Amends the Illinois Public Aid Code. Changes all references to "Food Stamp Program" to "Supplemental Nutrition Assistance (SNAP) Program". Changes all references to the "Food Stamp Employment and Training Program" to the "SNAP Employment and Training Program". Provides that the SNAP Employment and Training Program shall be voluntary in every county except those in which the Department of Human Services can show that there are sufficient program slots for at least the majority of the county's current non-exempt work registrants. Provides that persons who fail to cooperate with the SNAP Employment and Training Program in counties where available program slots exist for at least the majority of that county's current work registrants shall become ineligible for SNAP benefits according to SNAP regulations. Effective immediately. House Committee Amendment No. 1 Provides that the Supplemental Nutrition Assistance Program Employment and Training (SNAP E&T) program operated by the Department of Human Services may only be mandatory in counties where the Department can show that there are sufficient program slots for at least the majority of the county's current non-exempt work registrants (rather than the SNAP E&T program shall be voluntary in every county except those in which the Department can show that there are sufficient program slots for at least the majority of the county's current non-exempt work registrants). Provides that nothing in the amendatory Act shall prevent the Department from operating a fully voluntary SNAP E&T program.

Amends the Mental Health and Developmental Disabilities Code. Provides that a person admitted to a developmental disability facility and receiving habilitation shall have access to sex education, related resources, and treatment planning that supports his or her right to sexual health and healthy sexual practices and to be free from sexual exploitation and abuse. Provides that the person receiving habilitation shall be assessed: (1) on whether he or she has decision making capacity to give consent to sexual activity and (2) for developmentally appropriate sex education materials and resources. Provides that as part of the assessments, consideration shall be given to medical, psychological, and psycho-social evaluations. Provides that the person's decision making capacity to consent to sexual activity and the developmentally appropriate sex education materials and resources shall be determined by the treatment team that includes the individual, professionals who have knowledge of the individual, and the individual's guardian, if appointed. Guardian decision making shall be made in accordance with the court order of appointment and the standards of decision making established by the Probate Act of 1975. Provides that the Department of Human Services shall approve course material in sex education. Establishes standards for the course materials and instruction. Defines "healthy sexual practices". Fiscal Note (Dept. of Human Services) Minimal fiscal impact exists for the Department of Human Services. These services are already within the scope of services provided at the developmental disability facilities. State Mandates Fiscal Note (Dept. of Commerce & Economic Opportunity) This bill does create a State Mandate.

Amends the Illinois Public Aid Code. Requires the Illinois Student Assistance Commission (ISAC) to identify and flag college students who are potentially eligible to receive Supplemental Nutrition Assistance Program (SNAP) benefits. Provides that the factors to be used to determine potential SNAP eligibility shall be prescribed by ISAC in consultation with the Department of Human Services, but at a minimum shall include income information reported on a college student's Free Application for Federal Student Aid. Requires ISAC, in consultation with the Department of Human Services, to develop a notice that ISAC shall make available electronically to institutions of higher education that includes, at a minimum, college student SNAP eligibility criteria, the Application for Benefits Eligibility's website address, and the Illinois Hunger Coalition's Hunger Hotline. Requires Illinois institutions of higher education that participate in the Monetary Award Program to provide the notice in writing to all students who are enrolled or accepted for enrollment and are identified by ISAC as potentially SNAP eligible. Requires ISAC to adopt rules. Effective immediately. Senate Committee Amendment No. 1 Adds reference to: 305 ILCS 5/12-4.13b Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill, but with the following changes and additions: Provides that the Department of Human Services shall consult with the Illinois Workforce Innovation Board (rather than with the Illinois Workforce Investment Board) to establish a protocol to identify and verify all potential exemptions to certain federal eligibility rules under the Supplemental Nutrition Assistance Program (SNAP). Provides that a career and technical educational program approved by the Illinois Community College Board that could be a component of a SNAP Employment and Training (E&T) program, as identified by the Department of Human Services, shall be considered an employment and training program under a specified provision of the Code of Federal Regulations, unless prohibited by federal law. In provisions requiring the Illinois Student Assistance Commission (ISAC) to adopt rules concerning SNAP eligibility notifications to college students, requires ISAC to adopt the rules on or before October 1, 2020 (rather than on or before October 1, 2019). Effective immediately. House Committee Amendment No. 1 Requires the Illinois Student Assistance Commission (ISAC) to annually include information about the Supplemental Nutrition Assistance Program (SNAP) in the language that schools are required to provide to students eligible for the Monetary Award Program grant (rather than requiring ISAC to identify and flag college students who are potentially eligible to receive SNAP benefits). Provides that the language shall, at a minimum, direct students to information about college student eligibility criteria for SNAP, and direct students to the Department of Human Services and to the Illinois Hunger Coalition's Hunger Hotline for additional information. Requires Illinois institutions of higher education that participate in the Monetary Award Program (MAP) to provide the notice to all students who are enrolled, or who are accepted for enrollment and intending to enroll, and who have been identified by ISAC as MAP-eligible at the institution (rather than requiring ISAC to develop, in consultation with the Department of Human Services, an electronic notice for institutions of higher education that includes, at a minimum, college student SNAP eligibility criteria, the Application for Benefits Eligibility's website address, and the Illinois Hunger Coalition's Hunger Hotline).

Amends the State Employees Group Insurance Act of 1971, Illinois Insurance Code, and the Illinois Public Aid Code. Provides that pasteurized donated human breast milk shall be covered under health insurance and the medical assistance program under the Illinois Public Aid Code. Describes the requirements that must be met to have pasteurized human breast milk covered under health insurance and the medical assistance program. Effective January 1, 2020. House Committee Amendment No. 1 Provides that one of the requirements to have coverage of pasteurized donated human breast milk is that the milk is obtained from a human milk bank licensed by the Department of Public Health (rather than the milk is obtained from a human milk bank that meets quality guidelines established by the Human Breast Milk Banking Association of North America, or that is licensed by the Department of Public Health). Senate Committee Amendment No. 1 Replaces everything after the enacting clause with the engrossed bill with the following changes. Provides that all of the following conditions must be met for the donated human breast milk to be covered: the milk is obtained from a human milk bank that is licensed by the Department of Public Health; the infant is critically ill and the infant's mother is medically or physically unable to produce maternal breast milk or produce maternal breast milk in sufficient quantities to meet the infant's needs or the maternal breast milk is contraindicated; the milk has been determined to be medically necessary for the infant; and one or more of the following applies: the infant's birth weight is below 1,500 grams, the infant has a congenital or acquired condition that places the infant at a high risk for development of necrotizing enterocolitis, the infant has infant hypoglycemia, the infant has congenital heart disease, the infant has had or will have an organ transplant, the infant has sepsis, or the infant has any other serious congenital or acquired condition for which the use of donated human breast milk is medically necessary and supports the treatment and recovery of the infant. Effective January 1, 2020. Senate Floor Amendment No. 3 Replaces everything after the enacting clause with the bill, as amended by Senate Amendment No. 1, with the following changes. Provides that the milk must be prescribed by a licensed medical practitioner (instead of a physician). Provides that milk must be obtained from a human milk bank that meets quality guidelines established by the Human Milk Banking Association of North America or is licensed by the Department of Public Health (rather than licensed by the Department of Public Health). Removes a requirement that the infant must be critically ill. Adds provisions requiring coverage for a child 6 months through 12 months of age if the child would qualify if he or she was under the age of 6 months and the child has spinal muscular atrophy; the child's birth weight was below 1,500 grams and he or she has long-term feeding or gastrointestinal complications related to prematurity; the child has had or will have an organ transplant; or the child has a congenital or acquired condition for which the use of donated human breast milk is medically necessary and supports the treatment and recovery of the child. In the Public Aid Code, adds provisions requiring coverage for a child 12 months of age or older if the child would qualify if he or she was under the age of 6 months and has spinal muscular atrophy. Makes other changes. Effective January 1, 2020.