Rep. Marcus Evans

Creates the Fire and Smoke Damper Inspection Act. Provides that commercial structures that require fire and smoke damper installations shall have fire and smoke dampers inspected and tested within one year after installation, commercial structures with fire and smoke dampers shall have fire and smoke dampers inspected and tested at least once every 4 years, and hospitals with fire and smoke dampers shall have fire and smoke dampers inspected and tested at least once every 6 years. Provides that inspections shall certify compliance with specified authorities. Provides that inspections and testing shall be conducted by individuals certified by the International Certification Board and American National Standards Institute. Provides specified requirements for fire and smoke damper inspections. Effective immediately.

Amends the Food, Drug and Cosmetic Act. Provides that, notwithstanding any other provision of law, a restaurant shall, by default, include a specified type of water, milk, or juice with a children's meal sold by the restaurant. Provides that a restaurant may include another beverage with a children's meal upon request. Requires the Department of Public Health to implement, administer, and enforce the amendatory provisions and allows the Department to adopt any rules it deems necessary for the implementation, administration, and enforcement.

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 Sex Offender Registration Act. Provides for registration under the Act of a person convicted of a battery if: (1) the State's Attorney filed a notice contemporaneous with or included in the summons, complaint, or other document charging the battery to seek sex offender registration under the provision as a sexually motivated battery; (2) the complaining witness is under 17 years of age; (3) the offender is 21 years of age or older; and (4) the court finds that the battery was "sexually motivated" as defined in the Sex Offender Management Board Act.

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 Code of Criminal Procedure of 1963 and the Illinois Domestic Violence Act of 1986. Provides that "domestic violence" includes abuse by a family or household member or by a present or prior dating or sexual partner. Includes in the protections against domestic violence, a present or prior dating or sexual partner, or a present or prior dating or sexual partner of a person related by blood or by a present or prior marriage or civil union. Provides that evidence of a prior conviction of a defendant for aggravated battery committed against a present or prior dating or sexual partner is admissible in a later criminal prosecution for various similar types of offenses when the victim is the same person who was the victim of the previous offense that resulted in conviction of the defendant. Defines "dating or sexual partner".

Amends the Illinois Vehicle Code. Provides that a driver's license or registration and nonresident's operating privilege that is suspended for failure to deposit security shall remain suspended until the statute of limitations has expired and the person seeking reinstatement provides evidence that, during the statute of limitations period, no action for damages arising out of a motor vehicle accident has been properly filed. Provides that the security shall be applicable only to the payment of a judgment, rendered against the person on whose behalf the deposit was made, for damages arising out of the accident in question, in an action at law, begun not later than the later of (i) the expiration of the relevant statute of limitations or (ii) 2 years after the date of any default in any payment under an installment agreement for payment of damages (rather than begun not later than 2 years after the later of (i) the date the driver's license and registration were suspended following the accident or (ii) the date of any default in any payment under an installment agreement for payment of damages). Makes a conforming change.

Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act. Provides that all blood sugar testing materials are subject to the 1% reduced rate of tax (currently, urine testing materials for human use only). Effective immediately.

Amends the Property Tax Code. In provisions concerning payments from the indemnity fund, provides that any award issued in favor of any Public Guardian as guardian for the party claiming indemnity shall be paid no later than 31 days from the date the judgment is entered, provided the judgment order has been tendered to the county treasurer as trustee of the indemnity fund for payment and unless otherwise extended by order of court. Effective immediately.