Rep. Will Guzzardi

Amends the Student Online Personal Protection Act. Makes a technical change in a Section concerning the short title. Senate Floor Amendment No. 1 Deletes reference to: 105 ILCS 85/1 Adds reference to: 105 ILCS 5/2-3.62 from Ch. 122, par. 2-3.62 105 ILCS 5/27-9.1a new 105 ILCS 5/27-9.1b new 105 ILCS 5/27A-5 105 ILCS 5/34-18.8 from Ch. 122, par. 34-18.8 105 ILCS 110/3 105 ILCS 5/27-9.1 rep. 105 ILCS 5/27-9.2 rep. 105 ILCS 5/27-11 rep. Replaces everything after the enacting clause. Amends the School Code. In the Courses of Study Article, repeals the sex education, family life, and instruction on diseases provisions. Instead, beginning no later than July 1, 2023, requires a school district, including a charter school, to provide comprehensive personal health and safety education in kindergarten through the 5th grade and comprehensive sexual health education in the 6th through 12th grades in all public schools. Sets forth the criteria that all classes that teach comprehensive personal health and safety and comprehensive sexual health education must satisfy. Contains, among other provisions, provisions concerning guest lecturers or resource persons, participation, the review of instructional materials, learning standards, resource materials, and reporting. Requires a school district, including a charter school, to provide age and developmentally appropriate consent education in the 3rd through 12th grades; sets forth what the instruction and materials must include. Makes changes in the Chicago School District Article concerning AIDS training. Amends the Critical Health Problems and Comprehensive Health Education Act to make changes concerning the program established under the Act. Effective immediately. Senate Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the contents of the bill as amended by Senate Amendment No. 1, with the following changes. Makes changes to the definitions of "complete", "comprehensive personal health and safety education", and "comprehensive sexual health education" and the learning standards. Provides that the annual report to the General Assembly must be submitted for a period of 2 (rather than 5) years. Requires age and developmentally appropriate consent education to be provided in kindergarten (rather than the 3rd grade) through the 12th grade. Corrects a grammatical error. Effective immediately. Senate Floor Amendment No. 3 Deletes reference to: 105 ILCS 110/3 Removes provisions concerning the comprehensive health education program. Senate Floor Amendment No. 4 Replaces everything after the enacting clause. Reinserts the contents of the bill as amended by Senate Amendments Nos. 2 and 3, with the following changes. In provisions requiring the State Board of Education to develop and adopt learning standards, specifies that the comprehensive personal health and safety education learning standards shall be adopted for pupils in kindergarten through the 5th grade and the comprehensive sexual health education learning standards shall be adopted for pupils in the 6th through 12th grades. Removes a provision requiring school districts to provide comprehensive personal health and safety education and comprehensive sexual health education by no later than July 1, 2023. Provides that the annual report to the General Assembly must be submitted for a period of 5 (rather than 2) years. Provides that a school district may (rather than shall) provide age and developmentally appropriate consent education in kindergarten through the 12th grade. Makes grammatical and typographical changes. Effective immediately. Balanced Budget Note (Office of Management and Budget) Please be advised that the Balanced Budget Note Act does not apply to Senate Bill 818 as il is not a supplemental appropriation that increases or decreases appropriations. Under the Act, a balanced budget note must be prepared only for bills that change a general funds appropriation for the fiscal year in which the new bill is enacted. Judicial Note (Admin Office of the Illinois Courts) This legislation would neither increase nor decrease the number of judges needed in the state of Illinois. Home Rule Note (Dept. of Commerce & Economic Opportunity) This bill does not pre-empt home rule authority. Pension Note (Government Forecasting & Accountability) SB 0818, as engrossed, will not impact any public pension fund or retirement system in the State of Illinois. State Debt Impact Note (Government Forecasting & Accountability) SB 0818, as Engrossed, would not change the amount of authorization for any type of State-issued bond, and, therefore, would not affect the level of State indebtedness. Housing Affordability Impact Note (Housing Development Authority) This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence. Fiscal Note (Dept. of Human Services) No fiscal impact to IDHS related to the changes proposed in SB 818. State Mandates Fiscal Note (Dept. of Commerce & Economic Opportunity) This bill does not create a State mandate. Correctional Note (Dept of Corrections) This amendment has no fiscal impact or population impact on the department. Fiscal Note (Dept. of Public Health) SB 818 would not pose any fiscal cost aside from standard staff time helping ISBE develop standards, where the cost would be negligible. Land Conveyance Appraisal Note (Dept. of Transportation) No land conveyances are included in Senate Bill 818; therefore, there are no appraisals to be filed. Fiscal Note (State Board of Education) SB 818 will have a fiscal impact of $2,175,588.61 over 3 fiscal years.

Amends the Unified Code of Corrections. Provides that the Prisoner Review Board may grant a person committed to the Department of Corrections early release for medical incapacity or terminal illness. Establishes the procedures for applying for that release and the considerations the Prisoner Review Board must make in determining whether to grant the release. Provides that a committed person granted medical release shall be released on mandatory supervised release for a period of 5 years subject to the Code provisions concerning mandatory supervised release, which shall operate to discharge any remaining term of years imposed upon him or her; however, the person shall not serve a period of mandatory supervised release greater than the aggregate of the discharged underlying sentence and the mandatory supervised release period. Provides that a grant of medical release shall be an act of executive and legislative grace and shall be at the sole discretion of the Prisoner Review Board. House Floor Amendment No. 1 Adds reference to: 725 ILCS 120/5 from Ch. 38, par. 1405 730 ILCS 105/5 from Ch. 38, par. 1655 Provides that this Act may be referred to as The Joe Coleman Medical Release Act. Replaces everything after the enacting clause. Reinserts the provisions of the bill as introduced, with the following changes: Amends the Rights of Crime Victims and Witnesses Act. Provides that the crime victim has the right to submit a victim statement to the Prisoner Review Board for consideration at a medical release hearing as provided in a Section of the Unified Code of Corrections. Amends the Unified Code of Corrections. In the definition of "medically incapacitated", provides that to qualify the inmate shall have a medical condition preventing the inmate from completing more than one activities of daily living, rather than one or more activities. In the definition of "terminal illness", provides that a condition may qualify if it is likely to cause death in 18 months, rather than 12 months. Provides that within 90 days of the receipt of the initial application, the Prisoner Review Board shall conduct a hearing if a hearing is requested and render a decision granting or denying the petitioner's request for release. Provides that the Department of Corrections and the Prisoner Review Board shall release a report annually published on their websites that reports certain information about the Medical Release Program, such as the number of applications for medical release received by the Board in the preceding year, the number of people released on the medical release program, and the number of institutional hearings on medical release applications conducted by the Board. Provides that all the information provided in this report shall be provided in aggregate, and nothing shall be construed to require the public dissemination of any personal medical information. Provides that this Act applies retroactively, and shall be applicable to all currently incarcerated people in Illinois. Provides that the crime victim has the right to submit a victim statement to the Prisoner Review Board for consideration at a medical release hearing as provided in the Unified Code of Corrections. Amends the Open Parole Hearings Act. Provides that the definition of "parole hearing" includes a medical release hearing. Makes other changes.

If and only if House Bill 2170 of the 101st General Assembly becomes law, amends the Data Governance and Organization to Support Equity and Racial Justice Act to include, in addition to race and ethnicity, the demographic categories of age, sex, disability status, sexual orientation, and gender identity to the categories of data that must be reported. Amends the University of Illinois Hospital Act and the Hospital Licensing Act to require a hospital to report to the Department of Public Health certain demographic data for individuals who have the symptoms of or a potential exposure to COVID-19 and are released from and not admitted to the hospital and individuals who were tested for COVID-19, who were admitted into the hospital for COVID-19, or who have received a vaccination for COVID-19. Varied effective date. Senate Floor Amendment No. 1 Deletes reference to: 110 ILCS 330/8.5 new 210 ILCS 85/6.28 new Adds primary or preferred language to the statistical or demographic data that must be reported under the amendatory provisions. Removes provisions relating to the University of Illinois Hospital Act and the Hospital Licensing Act.

Amends the Drug Asset Forfeiture Procedure Act. Deletes provision that when the property seized for forfeiture is a vehicle, the law enforcement agency seizing the property shall immediately notify the Secretary of State that forfeiture proceedings are pending regarding the vehicle.

Amends the School Code and the Illinois School Student Records Act. In provisions concerning the suspension or expulsion of a pupil, adds references to guardians (rather than just parents). Provides that a student may disclose mitigating factors, such as the student's status as a parent, expectant parent, or victim of domestic or sexual violence, in suspension or expulsion hearings. Provides that home instruction or correspondence courses must be made available to students who are unable to attend school because of pregnancy-related conditions, parenting obligations related to the health of a child, or health and safety concerns arising from domestic or sexual violence. Includes attendance at a medical or therapeutic appointment and appointments with a victim services provider as a valid cause for absence from school. Adds provisions to the Code concerning children and students who are parents, expectant parents, or victims of domestic or sexual violence, the purpose of which is to ensure that Illinois schools have policies, procedures, and protocols in place that ensure children and students who are parents, expectant parents, or victims of domestic or sexual violence are identified by schools in a manner respectful of their privacy and safety, treated with dignity and regard, and provided the protection, instruction, and related accommodations and services necessary to enable them to meet State educational standards and successfully attain a school diploma. Makes changes to the Chicago School District Article of the School Code concerning the transfer of students. Amends the State Mandates Act to require implementation without reimbursement. Makes other changes. Effective July 1, 2022. House Floor Amendment No. 1 Deletes reference to: 105 ILCS 5/26A-55 new Replaces everything after the enacting clause. Reinserts the contents of the bill with the following changes. Provides that the complainant and respondent and any named perpetrator directly impacted by the results of the complaint resolution procedure are entitled to simultaneous written notification of the results of the complaint resolution procedure within 10 business days (instead of 7 calendar days) after a decision or sooner if required by State or federal law or district policy. Provides that the complainant and respondent and any perpetrators directly impacted by the results of the complaint resolution procedure must receive the appeal decision, in writing, within 10 business days but in no case more than 15 business days (rather than within 7 calendar days but in no case more than 14 calendar days) after the conclusion of the review of findings or remedies or sooner if required by State or federal law. Removes a provision concerning enforcement; makes corresponding changes. Corrects typographical errors. Effective July 1, 2022. House Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the contents of the bill as amended by House Amendment 1 with the following change. Adds one member who represents an association representing rural school superintendents to the Ensuring Success in School Task Force. Effective July 1, 2022. Fiscal Note, House Floor Amendment No. 1 (IL State Board of Education) As amended by HA 1, HB 3223 will have a fiscal impact of$139,652.04 annually to the State Board of Education. The amendment will have an unknown fiscal impact on school districts_ State Mandates Fiscal Note, House Floor Amendment No. 1 (Dept. of Commerce & Economic Opportunity) This bill does not create a State Mandate. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the School Code and the Illinois School Student Records Act. In provisions concerning the suspension or expulsion of a pupil, adds references to guardians (rather than just parents). Provides that a student may disclose mitigating factors, such as the student's status as a parent, expectant parent, or victim of domestic or sexual violence, in suspension or expulsion hearings. Sets forth provisions concerning suspension and expulsion hearings. Provides that home instruction or correspondence courses must be made available to students who are unable to attend school because of pregnancy-related conditions, parenting obligations related to the health of a child, or health and safety concerns arising from domestic or sexual violence. Includes attendance at a medical or therapeutic appointment and appointments with a victim services provider as a valid cause for absence from school. Adds provisions to the Code concerning children and students who are parents, expectant parents, or victims of domestic or sexual violence, the purpose of which is to ensure that Illinois schools have policies, procedures, and protocols in place that ensure children and students who are parents, expectant parents, or victims of domestic or sexual violence are identified by schools in a manner respectful of their privacy and safety, treated with dignity and regard, and provided the protection, instruction, and related accommodations and services necessary to enable them to meet State educational standards and successfully attain a school diploma. Creates the Ensuring Success in School Task Force. Sets forth provisions concerning complaint resolution procedures and confidentiality. Makes changes to the Chicago School District Article of the School Code concerning the transfer of students. Amends the State Mandates Act to require implementation without reimbursement. Makes a conforming change to the Charter Schools Law. Makes other changes. Effective July 1, 2023. Senate Committee Amendment No. 2 Replaces everything after the enacting clause. Reinserts the contents of the engrossed bill as amended by Senate Amendment No. 1 with the following changes. Repeals the Section concerning the Ensuring Success in School Task Force on December 1, 2025 (instead of December 1, 2023). Amends the provisions concerning confidentiality. Requires each school district to adopt and ensure that the school has and implements a confidentiality policy regarding students. Provides that information about a student concerning whether the student has obtained assistance, support, or services (rather than only assistance or services) must be kept in strictest of confidence, except if the disclosure is permitted under (rather than in conflict with) certain State or federal laws or consented to in writing by the student or the student's parent or guardian. Provides that information about students may not be disclosed to any other individual outside of the district (rather than may not be disclosed to any other individual). With regard to domestic or sexual violence, provides that except as permitted (rather than except as required) under State or federal law, a school official may contact (instead of must not contact) the person named to be the perpetrator if the school official determines that the school official has an obligation to do so based on safety concerns or threats to the community, including the victim. Provides that a school district must not contact a person named by a student or the student's parent or guardian without providing prior written notice to the student or the student's parent or guardian (rather than without obtaining written permission from the student or the student's parent or guardian). Removes provisions requiring a school district to comply with the confidentiality provisions no later than July 1, 2024. Effective July 1, 2025.

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 organization, and the implementation of prior authorization requirements or restrictions. Provides requirements concerning a utilization review organization's obligations with respect to prior authorizations in nonurgent circumstances, urgent health care services, and emergency health care services. Provides that a utilization review organization 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 organization 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 Illinois Insurance Code to change the definition of "emergency medical condition". Amends the Managed Care Reform and Patient Rights Act to provide that companies that transact accident and health insurance shall comply with specified requirements of the Managed Care Reform and Patient Rights 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, 2022. House Floor Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Changes references from "utilization review organization" to "health insurance issuer" or "health insurance issuer or its contracted utilization review organization". Provides that a health insurance issuer or its contracted utilization review organization must ensure that all adverse determinations are made by a physician when the request is by a physician or a representative of a physician. Provides that a health insurance issuer shall periodically review its prior authorization requirements and consider removal of prior authorization requirements in specified circumstances (rather than a utilization review organization shall not require prior authorization in specified circumstances). In provisions concerning length of prior authorization approval, provides that a prior authorization approval shall be valid for the lesser of 12 months after the date the health care professional or health care provider receives the prior authorization approval or the length of treatment as determined by the patient's health care professional. In provisions concerning clinical review criteria of prior authorization requirements, removes language that provides that a utilization review organization shall seek input from actively practicing physicians representing major areas of the specialty who are not employees of the utilization review organization or consultants to the utilization review organization before establishing or substantially or materially altering written clinical review criteria. Removes language that provides that a utilization review organization shall not deny prior authorization of a health care service solely based on the grounds that a health care professional or health care provider judges a service, product, or procedure is medically appropriate for his or her patient even if it has not been formally approved for the specific condition being treated. In provisions concerning statistics that shall be made available regarding prior authorization approvals and denials, removes specified categories of information. In provisions concerning requirements applicable to the physician who can review consultations and appeals, removes language that provides that the physician must not be employed by a utilization review organization, be under contract with the utilization review organization other than to participate in one or more of the utilization review organization's health care professional networks or to perform reviews of appeals, or otherwise have any financial interest in the outcome of the appeal. Makes other changes. Effective January 1, 2022. House Floor Amendment No. 2 Deletes reference to: 215 ILCS 134/65 Adds reference to: 215 ILCS 5/155.36 Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following changes: In the Prior Authorization Reform Act, deletes a Section concerning obligations with respect to prior authorization concerning emergency health care services, and makes changes in provisions governing applicability; definitions; disclosure and review of prior authorization requirements; obligations with respect to prior authorizations; personnel qualified to make adverse determinations of a prior authorization request; adverse determinations; review of appeals; denials; length of prior authorization approval; continuity of care; effect of failure to comply with the Act; and administration and enforcement. Makes further changes in the Illinois Insurance Code in a Section concerning obligations under the Managed Care Reform and Patient Rights Act. Deletes changes made to the Managed Care Reform and Patient Rights Act in a Section concerning emergency services prior to stabilization. Effective January 1, 2022.

Amends the School Code. In the provisions relating to holidays, adds January 17 (the birthday of Muhammad Ali) to the list of commemorative holidays. In the provisions relating to courses of study, provides that the teaching of history of the United States shall include the study of the contributions made by Muslims and Muslim Americans to society. House Committee Amendment No. 1 In the provisions relating to courses of study, provides that the teaching of history of the United States shall include the contributions made to society by Americans of different faith practices, including, but not limited to, Muslim Americans, Jewish Americans, Christian Americans, Hindu Americans, Sikh Americans, Buddhist Americans, and any other collective community of faith that has shaped America (rather than the study of the contributions made by Muslims and Muslim Americans to society).

Amends the Counties Code. Provides that, in counties with a population over 3,000,000, the Public Defender, without fee or appointment and with the approval of the county board, may act as attorney to noncitizens in immigration cases related to or resulting from an underlying court matter in which the Public Defender served as attorney before he or she became the Public Defender. Provides that representation by the Public Defender in immigration cases is limited to those arising in immigration courts located within the geographical boundaries of the county where the Public Defender has been appointed to office unless the board authorizes the Public Defender to provide representation outside the county. House Committee Amendment No. 1 Deletes reference to: 55 ILCS 5/3-4004.2 55 ILCS 5/3-4004.5 new Adds reference to: 55 ILCS 5/3-4006 from Ch. 34, par. 3-4006 Replaces everything after the enacting clause. Amends the Counties Code. Provides that, in counties with a population over 3,000,000, the public defender, without fee or appointment and with the concurrence of the county board, may act as attorney to noncitizens in immigration cases. Provides that representation by the public defender in immigration cases shall be limited to those arising in immigration courts located within the geographical boundaries of the county where the public defender has been appointed to office unless the board authorizes the public defender to provide representation outside the county.

Amends the Managed Care Reform and Patient Rights Act. Requires health insurance carriers that provide coverage for prescription drugs to ensure that, within service areas and levels of coverage specified by federal law, at least half of individual and group plans meet one or more of the following criteria: apply a pre-deductible and flat-dollar copayment structure to the entire drug benefit, limit a beneficiary's monthly out-of-pocket financial responsibility for prescription drugs to a specified amount, or limit a beneficiary's annual out-of-pocket financial responsibility for prescription drugs to a specified amount. Provides that all plans for prescription drugs offered under the amendatory Act must be clearly and appropriately named, marketed in the same manner as other plans offered by the health insurance carrier, and offered for purchase to any individual and group plan sponsor. Effective January 1, 2022. House Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Managed Care Reform and Patient Rights Act. In provisions concerning individual health plans that provide coverage for prescription drugs, provides that beginning January 1, 2023, health insurance carriers shall ensure that at least 10% of individual health care plans offered in each applicable service area apply a flat-dollar copayment structure to the entire drug benefit; and beginning January 1, 2024, health insurance carriers shall ensure that at least 25% of individual health care plans offered in each applicable service area apply a flat-dollar copayment structure to the entire drug benefit. In provisions concerning group health plans that provide coverage for prescription drugs, provides that beginning January 1, 2023, health insurance carriers shall offer at least one group health plan in each applicable service area that applies a flat-dollar copayment structure to the entire drug benefit; and beginning January 1, 2024, health insurance carriers shall offer at least 2 group health plans in each applicable service area that apply a flat-dollar copayment structure to the entire drug benefit. Provides that the flat-dollar copayment structure for prescription drugs must be applied pre-deductible and be reasonably graduated and proportionately related in all tier levels such that the copayment structure as a whole does not discriminate against or discourage the enrollment of individuals with significant health care needs. Requires the health insurance carriers to clearly and appropriately name the plans to aid in individual or group plan selection. Requires the health insurance carriers to market the plans in the same manner as their other plans. Requires the Department of Insurance to adopt rules necessary to implement and enforce the provisions. Effective January 1, 2023.

Creates the Prescription Drug Repository Program Act. Requires the Department of Public Health to, by rule, establish a prescription drug repository program, under which any person may donate a prescription drug or supplies needed to administer a prescription drug for use by an individual who meets eligibility criteria specified by the Department. Sets forth requirements that prescription drugs or supplies must meet in order to be accepted and dispensed under the program. Provides that no drugs or supplies donated under the prescription drug repository program may be resold. Provides that nothing in the Act requires that a pharmacy or pharmacist participate in the prescription drug repository program. Provides for civil and criminal immunity for drug and supply manufacturers and individuals in relation to the donation, acceptance, or dispensing of prescription drugs or supplies under the prescription drug repository program. Imposes conditions on any rulemaking authority. Amends the Pharmacy Practice Act, the Wholesale Drug Distribution Licensing Act, the Senior Pharmaceutical Assistance Act, the Illinois Food, Drug and Cosmetic Act, the Illinois Controlled Substances Act, and the Cannabis and Controlled Substances Tort Claims Act to provide that persons engaged in donating or accepting, or packaging, repackaging, or labeling, prescription drugs to the extent permitted or required under the Prescription Drug Repository Program Act are exempt from provisions of those other Acts that might prohibit or otherwise regulate such activity. House Committee Amendment No. 1 Replaces everything after the enacting clause. Creates the Illinois Drug Reuse Opportunity Program Act. Provides that, notwithstanding any other law or rule, donors may donate drugs to recipients and recipients may receive donated drugs from donors. Provides that recipients shall only dispense or administer drugs to eligible patients, further donate drugs to another recipient, or dispose of drugs in accordance with specified provisions. Provides that drugs donated for use under the Act are considered nonsaleable. Provides that, when dispensing a drug to an eligible patient, the recipient must do so at no cost to the eligible patient, except that a reasonable handling fee may be charged. Provides that recipients may only dispense or administer a prescription drug or provide an over-the-counter drug if specified requirements are met. Provides that recipients shall, to the greatest extent practicable, dispense drugs received under the Act to priority patients. Provides that drugs may be accepted under the Act only if specified requirements are met. Contains requirements for the further donation of drugs by a recipient. Contains provisions regarding the disposition of specified drugs. Provides that nothing in the Act requires that a pharmacy or pharmacist be a recipient of drugs under the Act. Provides that the Act shall supersede any inconsistent law or rule for activities conducted under the Act. Contains other provisions. Amends the Pharmacy Practice Act, the Wholesale Drug Distribution Licensing Act, the Senior Pharmaceutical Assistance Act, the Illinois Food, Drug and Cosmetic Act, the Illinois Controlled Substances Act, and the Cannabis and Controlled Substances Tort Claims Act to provide that persons engaged in donating or accepting, or packaging, repackaging, or labeling, prescription drugs to the extent permitted or required under the Illinois Drug Reuse Opportunity Program Act are exempt from provisions of those other Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Provides that "prescription drug" does not include a drug for the treatment of cancer that can only be dispensed to a patient registered with the drug manufacturer in accordance with the federal Food and Drug Administration's requirements. Provides that when dispensing a drug to an eligible patient, the recipient must do so at no cost to the eligible patient, except that a uniform reasonable handling fee (rather than a reasonable handling fee) may be charged.