Rep. Robyn Gabel

Amends the Department of Central Management Services Law of the Civil Administrative Code of Illinois. Provides that each State building constructed, acquired, or of which more than 50% of the façade is substantially altered shall meet specified standards concerning bird safety. Provides requirements for the Director of Central Management Services in implementing the standards. Specifies that the provisions shall not apply to any acquisition or substantial alteration if the Director, after consideration of multiple options, determines that the use of the required building materials and design features would result in a significant additional cost for the project. Exempts specified buildings from the requirements. House Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill. Provides that any construction which may be required as a result of the bird-safe buildings requirements shall be under the authority of the Capital Development Board in consultation with the Department of Central Management Services. Provides that the requirements shall only apply to State buildings under the management or control of the Department, but does not include buildings leased by the Department. Provides that the requirements shall not apply to any project in the design or construction phase as of the effective date of the provisions. Removes the Lincoln Home in Springfield, Illinois, and its related buildings and grounds from the list of entities for which the bird-safe building requirements do not apply. Makes conforming changes.

Amends the Counties Code. Provides that a restrictive covenant modification to an unlawful restrictive covenant may be filed by: (1) the holder of an ownership interest in property that is subject to the unlawful restrictive covenant; or (2) a common interest community association, a condominium association, a unit owners' association, or a master association of a parcel of property subject to the association's declaration and the parcel is subject to an unlawful restrictive covenant. Includes requirements for a restrictive covenant modification and the petition to modify. Provides that, on receipt of a restrictive covenant modification, the recorder shall submit the restrictive covenant modification together with a copy of the original instrument referenced in the restrictive covenant modification to the State's Attorney. Once submitted to the State's Attorney, the State's Attorney shall make a determination within 30 days if the original document contains an unlawful restrictive covenant. Provides that the recorder may not record the modification unless the State's Attorney determines an unlawful restrictive covenant exists and shall record the modification if the State's Attorney finds an unlawful restrictive covenant. Limits liability of the county for unauthorized modifications. Defines terms. Contains other provisions. House Floor Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: modifies the type of association or cooperative that may execute and file a restrictive covenant modification; provides that, when a parcel of property subject to an unlawful restrictive covenant is in a common interest community association, condominium association, unit owners' association, residential housing cooperative, or master association, only the board, acting through a majority vote, may execute and file a restrictive covenant modification under the Section; provides that removal of an unlawful restrictive covenant will not require approval of the owners or members of such association or cooperative, notwithstanding any provision of the governing documents to the contrary; provides that, if the board receives a written request by an owner or member of the association or cooperative that the board exercise its authority to execute and file a restrictive covenant modification under the Section, the board shall, within 90 days, investigate any claim of an unlawful restrictive covenant and, if determined to be an unlawful restrictive covenant, shall file a restrictive covenant modification as provided under the Section; provides for a cause of action against the association or cooperative by an owner or member for failure to file a restrictive covenant modification after a request to do so and for attorneys' fees and costs if the owner or member prevails; and requires the board to give notice and a copy of the of the restrictive covenant modification to owners and members. Provides that the recorder may impose a fee for filing a restrictive covenant modification to an unlawful restrictive covenant in an amount not to exceed $10.

Amends the State Treasurer Act. Establishes the Illinois Higher Education Savings Program as a part of the College Savings Pool (currently, not a part of the College Savings Pool), subject to appropriation by the General Assembly. Requires the Department of Public Health and the Department of Revenue to provide the State Treasurer with specified information concerning eligible children under the Program. Modifies provisions concerning seed funds, unclaimed seed funds, and incentives and partnerships. Establishes the Illinois Higher Education Savings Program Fund as a special fund in the State treasury (currently, held outside of the State treasury). Amends the Illinois Income Tax Act. Provides that the Director of Revenue may exchange information with the State Treasurer's Office for the purpose of administering the Illinois Higher Education Savings Program. Amends the State Finance Act to provide for the Illinois Higher Education Savings Program Fund. Modifies defined terms. Makes conforming and other changes. Effective immediately.

Amends the Illinois Municipal Code. Provides that a municipality reporting Tax Increment Financing information shall additionally report to the Comptroller: (1) the number of jobs, aspirational or otherwise, if any, projected to be created for each redevelopment project area at the time of approval of the redevelopment agreement; (2) the number of jobs, if any, created as a result of the development under the same guidelines and assumptions as was used for the projections used at the time of approval of the redevelopment agreement to date for that reporting period; (3) the amount of increment projected to be created at the time of approval of the redevelopment agreement for each redevelopment project area; (4) the amount of increment created as a result of the development to date for that reporting period using the same assumptions as was used for the projections used at the time of approval of the redevelopment agreement; and (5) the stated rate of return identified by the developer to the municipality for each redevelopment project area, if any. In provisions requiring a municipality to report an analysis prepared by a financial advisor or underwriter, provides that the advisor or underwriter shall be chosen by the municipality and that analysis shall additionally include actual debt service. House Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Tax Increment Allocation Redevelopment Act in the Illinois Municipal Code. Provides that the municipality may chose the financial advisor or underwriter who shall prepare an analysis required to be submitted to the Comptroller and taxing districts relating to setting forth the: (i) nature and term of obligation; (ii) projected debt service including required reserves and debt coverage; and (iii) actual debt service (currently, only (i) and (ii) are required). Requires, for Fiscal Year 2022 and each fiscal year thereafter, the following additional items to be included in the report required to be submitted before the annual meeting of the Joint Review Board to the Comptroller and taxing districts: (1) the number of jobs, if any, projected to be created for each redevelopment project area at the time of approval of the redevelopment agreement; (2) the number of jobs, if any, created as a result of the development to date for that reporting period under the same guidelines and assumptions as was used for the projections used at the time of approval of the redevelopment agreement; (3) the amount of increment projected to be created at the time of approval of the redevelopment agreement for each redevelopment project area; (4) the amount of increment created as a result of the development to date for that reporting period using the same assumptions as was used for the projections used at the time of the approval of the redevelopment agreement; and (5) the stated rate of return identified by the developer to the municipality for each redevelopment project area, if any. Stated rates of return required to be reported in item (5) shall be independently verified by a third party chosen by the municipality. Makes other changes. Effective immediately.

Amends the Illinois Insurance Code. Includes the delivery of covered health care services by way of telephone usage in the definition of "telehealth services". Provides that health care services that are covered under an individual or group policy of accident or health insurance must be covered when delivered via telehealth services when clinically appropriate, subject to specified conditions (rather than requiring an individual or group policy of accident or health insurance to comply with specified conditions if it provides coverage for telehealth services). Provides that patient cost-sharing may be no more than if the health care service were delivered in person. Provides that no excepted benefit policy may deny or reduce any benefit to a patient based on the use of clinically appropriate telehealth services in the course of satisfying the policy's benefit criteria. House Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. In provisions concerning health care services that are covered under an individual or group policy of accident and health insurance that must be covered when delivered via telehealth services when clinically appropriate, provides that reimbursement to a health care provider for telehealth services for behavioral health services provided through an interactive telecommunications system shall be made on the same basis, in the same manner, and at the same rate as would be applied for the same services if they had been delivered in-person and shall include reasonable compensation to a facility that serves as the originating site at the time a telehealth service is rendered. Provides that with respect to telehealth benefits provided in an individual or group policy of accident or health insurance, insurers may not (rather than an individual or group policy of accident or health insurance may not) require patients to use a separate panel of health care providers to receive telehealth service coverage and reimbursement; create geographic or facility restrictions or requirements for telehealth services; require patients or health care providers to prove a hardship or access barrier before the approval of telehealth services for coverage or reimbursement; negotiate different contract rates for telehealth services and in-person services for behavioral health services; or impose upon telehealth services utilization review requirements that are unnecessary, duplicative, or unwarranted or impose any treatment limitations, prior authorization, documentation, or recordkeeping requirements that are more stringent than the requirements applicable to the same health care service when rendered in-person. Provides that health care providers shall determine the appropriateness of specific sites, technology platforms, and technology vendors for a telehealth service, as long as delivered services adhere to privacy laws. Defines terms. House Floor Amendment No. 2 Adds reference to: 215 ILCS 5/356z.43 new 225 ILCS 150/5 225 ILCS 150/15 325 ILCS 20/3 from Ch. 23, par. 4153 325 ILCS 20/3b new 325 ILCS 20/11 from Ch. 23, par. 4161 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Provides that a health insurer shall reimburse a network provider for behavioral health services delivered through telehealth on at least the same basis and at the same rate as if delivered in-person. Provides that a health insurer may establish reasonable requirements and parameters for telehealth services. Further amends the Illinois Insurance Code. Creates the Telehealth Payment Parity Task Force to review and study the use of telehealth services in the State with respect to payment and reimbursement parity for health care providers providing such services. Sets forth provisions concerning election of a chairperson, compensation, and appointments of members of the Telehealth Payment Parity Task Force. Provides that the task force shall submit its findings and recommendations to the Governor and General Assembly by December 31, 2021. Provides that the task force is dissolved on January 1, 2023. Amends the Telehealth Act. In provisions concerning use of telehealth, provides that services provided by telehealth shall be consistent with all federal and State privacy, security, and confidentiality laws. Provides that health care professionals shall determine the appropriateness of specific sites, technology platforms, and technology vendors for a telehealth service, as long as delivered services adhere to specified privacy laws. Provides that health care professionals shall maintain documentation and recordkeeping in accordance with specified provisions of the Illinois Administrative Code. Amends the Early Intervention Services System Act. Permits an early intervention provider to deliver via telehealth any type of early intervention services authorized under the Act to the extent of his or her scope of practice as established in his or her respective licensing Act consistent with the standards of care for in-person services. Requires parents to be informed of the availability of early intervention services provided through telehealth. Provides that parents shall make the final decision as to whether accepted early intervention services are delivered in person or via telehealth. Defines terms. Makes other changes. Effective immediately. Senate Committee Amendment No. 1 Deletes reference to: 215 ILCS 5/356z.43 new Adds reference to: 5 ILCS 100/5-45.8 new 225 ILCS 150/10 Replaces everything after the enacting clause with the provisions of the engrossed bill with the following changes. Provides that an individual or group policy of accident or health insurance that is amended, delivered, issued, or renewed on or after the effective date of the amendatory Act shall cover telehealth services, e-visits, and virtual check-ins rendered by a health care professional when clinically appropriate and medically necessary to insureds, enrollees, and members in the same manner as any other benefits covered under the policy. Provides that an individual or group policy of accident or health insurance may provide reimbursement to a facility that serves as the originating site at the time a telehealth service is rendered. Sets forth provisions with which coverage for telehealth services shall comply. Provides that an individual or group policy of accident or health insurance shall notify health care professionals and facilities of any instructions necessary to facilitate billing for telehealth services, e-visits, and virtual check-ins. Provides that the Department of Insurance and the Department of Public Health shall commission a report to the General Assembly and shall submit the report by December 31, 2026. Provides that the Department of Insurance may adopt rules to implement the provisions. Provides that specified provisions are inoperative on and after January 1, 2028. Removes provisions concerning the Telehealth Payment Parity Task Force. Defines terms. Further amends the Telehealth Act. Changes a reference to "telehealth" to "telehealth services." Removes language that provides that health care professionals shall maintain documentation and recordkeeping in accordance with specified provisions of the Illinois Administrative Code. Defines terms. Amends the Illinois Administrative Procedure Act to provide for emergency rulemaking. Makes other changes. Effective immediately.

Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Provides that the Director of Public Health, if a physician licensed to practice medicine in all its branches in Illinois, shall establish a standing order complete with the issuance of a prescription for a hormonal contraceptive in accordance with the requirements of the provisions. Provides that if the Director is not a physician licensed to practice medicine in all its branches in Illinois, the Medical Director of the Department of Public Health shall establish the standing order. Amends the Illinois Insurance Code. Requires a group or individual policy of accident and health insurance or managed care plan to provide coverage for patient care services provided by a pharmacist. Makes conforming changes in the State Employees Group Insurance Act of 1971, the Counties Code, the Illinois Municipal Code, and the School Code. Amends the Pharmacy Practice Act. Provides that the definition of "practice of pharmacy" includes the dispensing of hormonal contraceptives pursuant to the standing order under provisions of the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Amends the Illinois Public Aid Code. Requires the medical assistance program to cover patient care services provided by a pharmacist for hormonal contraceptives assessment and consultation. Effective January 1, 2022. House Floor Amendment No. 1 Deletes reference to: 20 ILCS 2310/2310-705 new Adds reference to: 225 ILCS 85/43 new Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Further amends the Pharmacy Practice Act. Sets forth provisions concerning dispensation of hormonal contraceptives. Provides that the Department of Financial and Professional Regulation may adopt rules to implement the provisions. In provisions in the Illinois Public Aid Code concerning coverage for patient care services for hormonal contraceptives provided by a pharmacist, provides that the Department of Public Health (rather than the Director of Public Health) shall apply for any necessary federal waivers or approvals to implement the provisions by January 1, 2022. Provides that the Department shall submit to the Joint Committee on Administrative Rules administrative rules (rather than adopt administrative rules) as soon as practicable but no later than 6 months after federal approval is received (rather than no later than May 1, 2022). Removes changes to the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Removes language that provides that the provisions shall not be implemented until the receipt of all necessary federal waivers or approvals or until January 1, 2024, whichever comes first, and if federal approval is not obtained by January 1, 2024, the provisions shall be implemented using State funds. Senate Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the engrossed bill with the following changes. Amends the Illinois Insurance Code. Provides that a group or individual policy of accident and health insurance or a managed care plan that is amended, delivered, issued, or renewed on or after January 1, 2023 (rather than the effective date of the amendatory Act) shall provide coverage for health care or patient care services provided by a pharmacist if specified conditions are met (instead of coverage for patient care services provided by a pharmacist for hormonal contraceptives assessment and consultation). Amends the Pharmacy Practice Act to provide that nothing in the provisions concerning dispensation of hormonal contraceptives shall be interpreted to require a pharmacist to dispense hormonal contraception under a standing order issued by a physician licensed to practice medicine in all its branches or the medical director of a local health department (rather than also under a standing order issued by the Medical Director of the Department of Public Health). Changes the definition of "practice of pharmacy". Effective January 1, 2023 (rather than January 1, 2022). Senate Floor Amendment No. 2 Provides that the bill takes effect on January 1, 2022, except that provisions amending the Illinois Insurance Code take effect on January 1, 2023 (rather than all provisions taking effect on January 1, 2023).

Amends the Illinois Banking Act. Makes a technical change in a Section concerning the primary powers of banks. House Floor Amendment No. 4 Deletes reference to: 205 ILCS 5/3 from Ch. 17, par. 309 Adds reference to: 5 ILCS 100/5-45 from Ch. 127, par. 1005-45 410 ILCS 130/55 410 ILCS 130/100 410 ILCS 130/115 410 ILCS 130/115.5 new 410 ILCS 130/130 410 ILCS 130/145 410 ILCS 130/162 new 410 ILCS 705/1-10 410 ILCS 705/5-45 410 ILCS 705/7-30 410 ILCS 705/10-25 410 ILCS 705/10-40 410 ILCS 705/15-15 410 ILCS 705/15-25 410 ILCS 705/15-30 410 ILCS 705/15-30.20 new 410 ILCS 705/15-35 410 ILCS 705/15-35.10 new 410 ILCS 705/15-35.20 new 410 ILCS 705/15-40 410 ILCS 705/15-70 410 ILCS 705/15-85 410 ILCS 705/15-135 410 ILCS 705/20-30 410 ILCS 705/20-55 new 410 ILCS 705/25-5 410 ILCS 705/25-30 410 ILCS 705/25-35 410 ILCS 705/30-5 410 ILCS 705/30-30 410 ILCS 705/30-55 new 410 ILCS 705/35-5 410 ILCS 705/35-25 410 ILCS 705/35-30 410 ILCS 705/35-45 new 410 ILCS 705/40-25 410 ILCS 705/40-30 410 ILCS 705/40-45 new 410 ILCS 705/55-21 410 ILCS 705/55-28 410 ILCS 705/55-30 625 ILCS 5/11-502.1 625 ILCS 5/11-502.15 Replaces everything after the enacting clause. Amends the Compassionate Use of Medical Cannabis Program Act. Provides that, for any dispensing organization registered on or after January 1, 2021 (rather than July 1, 2019), the Department of Financial and Professional Regulation shall adopt rules to create a registration process for Social Equity Justice Involved Applicants and Qualifying Applicants, a streamlined application, and a Social Equity Justice Involved Medical Lottery under to issue the remaining available 5 dispensing organization registrations for operation (rather than award not less than 20% of all available points to applicants that qualify as Social Equity Applicants). Defines "Social Equity Justice Involved Medical Lottery". Contains other provisions. Amends the Cannabis Regulation and Tax Act. Provides that specified entities are subject to random inspections as provided by rule. Provides that the Cannabis Regulation Oversight Officer serves a coordinating role among State agencies regarding the Act and the Compassionate Use of Medical Cannabis Program Act. Provides that failure of a cannabis business establishment to respond to the request of the Cannabis Regulation Oversight Officer to complete the form regarding the extent of diversity in the medical and adult use cannabis industry, report, and any other request for information may be grounds for disciplinary action by the Department of Financial and Professional Regulation or the Department of Agriculture. Requires the Department of Financial and Professional Regulation to issue up to 110 Conditional Adult Use Dispensing Organization Licenses by lot. Contains requirements for Dispensary Applicants, distribution of licenses, and drawing available licenses by lot. Provides an application process for requirements for specified Conditional Adult Use Dispensing Organization Licenses. Requires the Department to issue at least 50 additional Conditional Adult Use Dispensing Organization Licenses on or before December 21, 2022. Makes changes to cannabis packaging requirements during sale. Provides that, upon the completion of the disparity and availability study pertaining to infusers by the Cannabis Regulation Oversight Officer, the Department of Agriculture may modify or change specified licensing application processes to reduce or eliminate barriers and remedy evidence of discrimination identified in the study. Provides that agent applicants may begin employment at a cultivation center, a dispensing organization, a Community College Cannabis Vocational Training Pilot Program, an infuser organization, or a transporting organization while the agent applicant's identification card application is pending. Provides that, upon approval, the approving State entity shall issue the agent's identification card to the agent. Provides that, if denied, the cultivation center, dispensing organization, Community College Cannabis Vocational Training Pilot Program, infuser organization, or transporting organization and the agent applicant shall be notified and the agent applicant must cease all activity at the cultivation center, dispensing organization, Community College Cannabis Vocational Training Pilot Program, infuser organization, or transporting organization immediately. Contains provisions regarding the disclosure of ownership and control of cultivation centers, craft growers, infuser organizations, and transporting organizations. Makes other changes. Amends the Illinois Vehicle Code. Makes changes to cannabis containment requirements within a motor vehicle. Contains a severability provision. Effective immediately. House Floor Amendment No. 6 Adds reference to: 410 ILCS 705/10-35 In provisions amending the Compassionate Use of Medical Cannabis Program Act, makes changes to the definition of "Social Equity Justice Involved Applicant". Requires cannabis in a vehicle to be in a reasonably secured, sealed or resealable (rather than a reasonable secured, sealed) container. In provisions amending the Cannabis Regulation and Tax Act, makes the following changes. Removes language providing that any person 21 years of age or older in possession of cannabis shall not be required to possess cannabis in a container that meets specified requirements. Provides an exception for breaching the confidentiality of information obtained under the Act. Provides that an Early Approval Adult Use Dispensing Organization's application to relocate its license under specified provisions shall be deemed approved 30 days (rather than within 30 days) following the submission of a complete application to relocate. Provides that specified applicants may not be located within 1,500 of a dispensing organization licensed under provisions regarding Early Approval Adult Use Dispensing Organization Licenses or Early Approval Adult Use Dispensing Organization License secondary sites (rather than within 1,500 of a dispensing organization), unless specified requirements are met. Provides that if awarding a license in a Tied Applicant Lottery would result in a Tied Applicant possessing more than 10 specified licenses, or any combination of the specified licenses, (rather than only the specified licenses) the Tied Applicant must choose which license to abandon. Restores language requiring any product containing cannabis to be sold in a container that, among other things, must be odor-proof.

Amends the Children and Family Services Act. In provisions requiring the Department of Children and Family Services to submit annual reports to the General Assembly concerning youth in care who are awaiting placement or psychiatric hospitalization (rather than placement), provides that the reports are to be submitted no later than December 31 of each year (rather than on December 31 of each year through December 31, 2023). Requires the reports to be posted on the Department's website and to include specified information, including: (i) the number of youth in care placed in out-of-state residential treatment facilities, whether each youth was referred to any in-state programs for placement and, if so, the number of in-state referrals for each youth prior to referring the youth to out-of-state programs; (ii) the number of youth not in the temporary custody or guardianship of the Department who are the subjects of open child protection cases, intact family cases, or any other types of child welfare case, including, but not limited to, those youth for whom the Department is required to make medical assistance payments because they were hospitalized in inpatient psychiatric hospitals or units and were beyond medical necessity during the Department's involvement with the case; and (iii) the number of youth in care who remain in emergency rooms for longer than 24 hours waiting for admission to a psychiatric hospital bed. Effective immediately.

Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that, in applying the regional wage adjuster component of the RUG-IV 48 reimbursement methodology, no adjuster shall be lower than 0.95. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill, but with the following change: provides that, in applying the regional wage adjuster component of the RUG-IV 48 reimbursement methodology, no adjuster shall be lower than 1.0 (rather than 0.95). Effective immediately.

Amends the School Code and various Acts relating to the governance of public universities and community colleges in Illinois. Provides that the governing board of each school district, public university, and community college district must allow a student athlete to modify his or her athletic or team uniform for the purpose of modesty in clothing or attire that is in accordance with the requirements of his or her religion. Provides that a modification to the uniform may include, but is not limited to, the wearing of a hijab, an undershirt, or leggings. Provides that the student is responsible for all costs associated with the modification of the uniform, but allows a school or institution of higher education to provide the modification to its students. Provides that the school or the institution must approve the request from a student to modify the uniform to ensure that the modification does not pose a safety hazard to the student or to other athletes or players. Sets forth requirements for modified headgear. Effective immediately. House Committee Amendment No. 1 Adds reference to: 105 ILCS 5/22-90 new 105 ILCS 5/27A-5 Replaces everything after the enacting clause. Reinserts the contents of the bill with the following changes. Provides that the governing board must also allow a modification for the purpose of modesty in clothing or attire that is in accordance with his or her cultural values or modesty preferences. Removes language that provides that the request from a student to modify his or her athletic or team uniform must be approved by the governing board and the board shall reasonably accommodate the student's request. Provides instead that the student shall not be required to receive prior approval from the governing board for the modification. Provides that recognized nonpublic schools and charter schools must also allow a student athlete to modify his or her athletic or team uniform for the purpose of modesty in clothing or attire that is in accordance with the requirements of his or her religion or his or her cultural values or modesty preferences. Effective immediately.