Rep. Lisa Davis

Amends the Illinois Freedom to Work Act. Provides that any covenant not to compete or covenant not to solicit entered into after the effective date of the amendatory Act shall not be enforceable with respect to individuals employed by health care facilities as health care professionals in the State regardless of whether an individual is covered by a collective bargaining agreement. Effective immediately.

Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Provides that, subject to appropriation, the Department of Commerce and Economic Opportunity shall create a small business financing program to provide low-interest financing to small businesses that secure State contracts to assist with the fulfilment of those contracts. Amends the Illinois Procurement Code. Provides that the Department of Central Management Services shall, in consultation with State agencies, develop a scorecard for the assessment of bids from businesses that have annual gross sales of less than $15,000,000 as evidenced by the federal income tax return of the business. Makes changes in provisions concerning the advertisement of bids to small businesses.

Amends the Code of Criminal Procedure of 1963. Provides that a no-knock search warrant shall not be issued when the only offense alleged is possession of a controlled substance unless there is probable cause to believe that the controlled substance is for other than personal use. Provides that when an officer, having a warrant for the search of a dwelling, executes the search warrant, the officer shall: (1) execute the warrant between the hours of 9 a.m. and 7 p.m. unless the judge, for good cause, expressly authorizes execution at another time; (2) be readily identifiable as a law enforcement officer in uniform or wearing a visible law enforcement badge that clearly identifies the person as a law enforcement officer; (3) In counties of 90,000 or more inhabitants, be a member of a special weapons and tactics team or special response team, or another established team or unit trained and tasked with resolving high-risk situations and incidents, who has received appropriate training in the execution of arrest and search warrants authorizing entry without notice; (4) wear and activate a body-worn camera as required by the use of force in execution of a search warrant when entering a premises for the purpose of enforcing the law; (5) have a certified or licensed paramedic or emergency medical technician in proximity and available to provide medical assistance, if needed; (6) be prohibited from pointing firearms at individuals under 18 years old, unless there is clear and present danger to the officer or another person; and (7) knock and announce the officer's presence at a volume loud enough for the officer to reasonably believe the occupants inside can hear, allow a minimum of 30 seconds of time before entering given the size of the dwelling for someone to get to the door, and delay entry if the officer has reason to believe that someone is approaching the dwelling's entrance with the intent of voluntarily allowing the officer to enter the dwelling; except that this provision does not apply if the circumstances known to the officer at the time provide an objectively reasonable basis to believe that a no-knock entry or not waiting a reasonable amount of time is necessary because of an emergency threatening the life of or grave injury to a person, provided that the imminent danger is not created by the law enforcement officers executing the search. Makes other changes.

Creates the Health Care Availability and Access Board Act. Establishes the Health Care Availability and Access Board to protect State residents, State and local governments, commercial health plans, health care providers, pharmacies licensed in the State, and other stakeholders within the health care system from the high costs of prescription drug products. Contains provisions concerning Board membership and terms; staff for the Board; Board meetings; circumstances under which Board members must recuse themselves; and other matters. Provides that the Board shall perform the following actions in open session: (i) deliberations on whether to subject a prescription drug product to a cost review; and (ii) any vote on whether to impose an upper payment limit on purchases, payments, and payor reimbursements of prescription drug products in the State. Permits the Board to adopt rules to implement the Act and to enter into a contract with a qualified, independent third party for any service necessary to carry out the powers and duties of the Board. Creates the Health Care Availability and Access Stakeholder Council to provide stakeholder input to assist the Board in making decisions as required by the Act. Contains provisions concerning Council membership, member terms, and other matters. Provides that the Board shall adopt the federal Medicare Maximum Fair Price as the upper payment limit for a prescription drug product intended for use by individuals in the State. Prohibits the Board from creating an upper payment limit that is different from the Medicare Maximum Fair Price for the prescription drug product that has a Medicare Maximum Fair Price. Requires the Board to implement an upper payment limit that is the same as the Medicare Maximum Fair Price no sooner than the Medicare implementation date. Provides that Medicare Part C and D plans are not required to reimburse at the upper payment limit. Provides that the Attorney General may enforce the Act and may pursue any available remedy under State law when enforcing the Act. Effective 180 days after becoming law.

Amends the Video Gaming Act. Provides that an applicant or licensee under the Act is not in violation of the Act or specified rules and shall not be subject to disciplinary action for operating a gaming device if operation of the gaming device is in compliance with and not considered gambling under the Criminal Code of 2012. Creates the Gaming Disparity Task Force to conduct a disparity and availability study. Provides that the Task Force shall compile, collect, or otherwise gather data necessary for the determination of the impact on minorities within the video gaming industry. Allows the Task Force to impose fees for the Task Force's operation collected by the Illinois Gaming Board on terminal operations that general more than $5,000,000, including for specified payments to a minority business enterprise-owed terminal operator. Amends the Criminal Code of 2012. Changes the definition of "gambling device" to include any vending or other electronic machine or device, including, without limitation, a machine or device that awards credits and contains a circuit, meter, or switch capable of removing and recording the removal of credits that is connected directly or indirectly to the Internet, either by cellular modem, hard wire, or wireless connection, or to a set of interconnected networked devices in order to participate in the game or contest or to receive or retrieve any data related to the device unless the connected device is a redemption vault and does not operate with a self-contained fill system that permits the operation of the device solely determined on a fee basis or the amount of revenue generated, but does not include a system based on time, number of spins or spin equivalent, or other nonrevenue based system, and automatically ceases to operate upon the completion of a pre-determined cycle. Provides that participants in a game of skill or chance where money or other things of value can be won but no payment or purchase is required to participate shall not be convicted of gambling except where participation in such game of skill or chance is accomplished using a gambling device prohibited by law. Provides that a gambling offense involving such a gambling device is a Class 4 felony. Effective immediately.

Amends the Unified Code of Corrections. Deletes provision that the Department of Central Management Services shall contract with the qualified vendor who proposes the lowest per minute rate not exceeding 7 cents per minute for debit, prepaid, collect calls and who does not bill to any party any tax, service charge, or additional fee exceeding the per minute rate, including, but not limited to, any per call surcharge, account set up fee, bill statement fee, monthly account maintenance charge, or refund fee as established by the Federal Communications Commission Order for state prisons in the Matter of Rates for Interstate Inmate Calling Services, Second Report and Order, WC Docket 12-375, FCC 15-136 (adopted Oct. 22, 2015). Provides that the Department of Central Management Services shall contract with a qualified vendor for telephone services in which the cost of the service is not based on the number of telephone calls made. Provides that a committed person is entitled to make free telephone calls from the correctional institution or facility. Provides that neither the Department of Corrections nor its agents may adopt rules that charge a committed person per telephone call made. Provides that the Department of Corrections shall adopt rules determining the length of each call made by a committed person, how many times each day a committed person may make telephone calls, and may prohibit calls for illegal purposes.

Amends the Substance Use Disorder Act. Requires the Department of Human Services to establish a mechanism to collect research and data regarding overdose prevention sites (OPSs) and prepare a report for the General Assembly within 12 months after the effective date of the amendatory Act. Provides that the report shall contain information on (1) current research on the effectiveness of an OPS as an overdose prevention strategy; (2) OPS best practices for staffing, placement, and activities; and (3) the benefits and challenges of different OPS models - structures and settings. Requires the Department, in collaboration with people with lived experience, to develop a pilot service, subject to available funding, aimed at saving the lives of people who use substances that shall include the establishment of at least one OPS. Requires the pilot OPSs to offer people, who are most likely to use drugs in public, unobserved, high-risk, and unsanitary locations, a safe space to use pre-obtained substances and connect to community supports or other existing treatment and recovery programs, harm reduction services, and health care. Contains provisions concerning certain principles pilot OPSs must abide by; OPS staffing and location requirements; pilot OPS services; and other matters. Permits the Department to approve an entity to operate a pilot program in one or more jurisdictions. Grants criminal and civil immunity to persons who use pilot OPSs services; pilot OPS staff; and any real property owner upon which the OPS site is located or operates. Contains provisions on public awareness outreach; OPS reporting requirements; home rule exemption; and other matters. Effective immediately.

Amends the Environmental Protection Act. Provides that a community water supply reporting more than 99,999 lead service lines in its final inventory and replacement plan shall replace all lead service lines, at an annual rate of no less than 2% of the amount described in the final inventory, with a timeline of up to 35 years (rather than 50 years) for completion.

Amends the Bill of Rights for the Homeless Act. Prohibits the State or a unit of local government from creating or enforcing policies or ordinances imposing fines or criminal penalties against people experiencing unsheltered homelessness for occupying or engaging in life-sustaining activities on public property. Provides exceptions to maintain access to property or address risks to public health and safety. Creates a necessity defense for charges alleging violation of laws criminalizing life-sustaining activities while the individual was experiencing unsheltered homelessness. Defines terms. Limits the exercise of concurrent home rule powers.

Amends the State Prompt Payment Act. Provides that, for construction contracts with the Department of Transportation or the Capital Development Board (instead of the Department of Transportation only), the contractor, subcontractor, or material supplier, regardless of tier, shall not offset, decrease, or diminish payment or payments that are due to its subcontractors or material suppliers without reasonable cause.