Rep. Anna Moeller

Amends the Illinois TRUST Act. Modifies the definitions of "immigration detainer" and "non-judicial immigration warrant" for purposes of the Act. Effective immediately. Senate Floor Amendment No. 1 Adds reference to: 5 ILCS 805/5 5 ILCS 805/15 5 ILCS 805/25 new 5 ILCS 805/30 new 5 ILCS 825/10 5 ILCS 825/11 new 5 ILCS 825/20 new 5 ILCS 825/25 new 5 ILCS 825/30 new Replaces everything after the enacting clause. Creates the Illinois Way Forward Act. Amends the Illinois TRUST Act. In a provision concerning prohibition on enforcing federal civil immigration laws, provides that a law enforcement agency or law enforcement official may not inquire about or investigate the citizenship or immigration status or place of birth of any individual in the agency or official's custody or who has otherwise been stopped or detained by the agency or official. Provides that a certain provision shall not be construed to limit the ability of a law enforcement agency or law enforcement official to notify a person in the law enforcement agency's custody about that person's right to communicate with consular officers from that person's country of nationality, or facilitate such communication, in accordance with the Vienna Convention on Consular Relations or other bilateral agreements. Provides that a specified provision shall not be construed to limit the ability of law enforcement agencies or officials to request evidence of citizenship or immigration status for specified purposes. Provides that unless otherwise limited by federal law, a law enforcement agency or law enforcement official may not deny services, benefits, privileges, or opportunities to an individual in custody or under probation status, including but not limited to eligibility or placement in a lower custody classification, educational, rehabilitative, or diversionary programs, on the basis of the individual's citizenship or immigration status, the issuance of an immigration detainer or civil immigration warrant against the individual, or the individual being in immigration removal proceedings. Provides that unless presented with a federal criminal warrant, or otherwise required by federal law, a law enforcement agency or official may not perform specified actions. Provides that law enforcement agencies shall submit a report annually to the Attorney General to ensure compliance with the Illinois TRUST Act. Provides that the Attorney General has enforcement powers to ensure compliance with the Illinois TRUST Act. Amends the Voices of Immigrant Communities Empowering Survivors (VOICES) Act. Makes similar changes. Provides for training officials to ensure compliance with this Act. Makes other changes. Defines terms. Contains a severability provision. Effective immediately. Senate Floor Amendment No. 2 Further amends the Illinois TRUST Act. In a provision concerning legislative purpose, provides that the changes made to the definitions of immigration detainer and civil immigration warrant (formerly "non-judicial immigration warrant") by a specified provision of this amendatory Act of the 102nd General Assembly are declarative of existing law. Provides that nothing in this Act shall prevent a law enforcement officer from contacting another law enforcement agency for the purposes of clarifying or confirming the civil or criminal nature of notifications or other records provided by the National Crime Information Center, or the Law Enforcement Agencies Data Administrative System. Adds to definitions of "law enforcement official" and "immigration detainer". Deletes the definition of "non-judicial immigration warrant". Defines "citizenship or immigration status", "civil immigration warrant", "contact information", and "immigration agent".

Amends the Illinois Insurance Code to provide that an individual or group health care service plan contract that is issued, amended, delivered, or renewed on or after January 1, 2022 shall not require prior authorization for biomarker testing for an insured with advanced or metastatic stage 3 or 4 cancer, nor shall prior authorization be required for biomarker testing of cancer progression or recurrence in the insured with advanced or metastatic stage 3 or 4 cancer. Defines "biomarker testing". House Committee Amendment No. 1 Adds reference to: 5 ILCS 375/6.11 55 ILCS 5/5-1069.3 65 ILCS 5/10-4-2.3 105 ILCS 5/10-22.3f 215 ILCS 125/5-3 from Ch. 111 1/2, par. 1411.2 215 ILCS 130/4003 from Ch. 73, par. 1504-3 215 ILCS 165/10 from Ch. 32, par. 604 305 ILCS 5/5-16.8 Replaces everything after the enacting clause. Amends the Illinois Insurance Code. Provides that a group or individual policy of accident and health insurance or managed care plan amended, delivered, issued, or renewed on or after January 1, 2022 shall include coverage for biomarker testing. Provides that biomarker testing shall be covered and conducted in an efficient manner to provide the most complete range of results to the patient's health care provider without requiring multiple biopsies, biospecimen samples, or other delays or disruptions in patient care. Provides that biomarker testing must be covered for the purposes of diagnosis, treatment, appropriate management, or ongoing monitoring of an enrollee's disease or condition when the test is supported by medical and scientific evidence. Provides that when coverage of biomarker testing for the purpose of diagnosis, treatment, or ongoing monitoring of any medical condition is restricted for use by health insurers, nonprofit health service plans, or health maintenance organizations, the patient and prescribing practitioner shall have access to a clear, readily accessible, and convenient processes to request an exception, and the process shall be made readily accessible on the insurer's website. Defines "biomarker" and "biomarker testing". Makes conforming changes in the State Employees Group Insurance Act of 1971, the Counties Code, the Illinois Municipal Code, the School Code, the Health Maintenance Organization Act, the Limited Health Service Organization Act, the Voluntary Health Services Plans Act, and the Illinois Public Aid Code.

Amends the Business Corporation Act of 1983. Provides that public corporations must report the self-identified sexual orientation and self-identified gender identity of its directors. Effective January 1, 2022.

Amends the Weights and Measures Act. Provides continuing education requirements for persons registered to install, service, recondition, or repair a weighing or measuring device used in trade or commerce. Provides for a phase-in process to apply continuing education requirements for persons currently registered to install, service, recondition, or repair a weighing or measuring device used in trade or commerce. Provides that applications and reports shall be filed in a manner prescribed by the Director of Agriculture (currently, in writing). Defines "continuing education course". Makes other changes. Senate Committee Amendment No. 1 Deletes reference to: 225 ILCS 470/8.1 Adds reference to: 225 ILCS 470/1 from Ch. 147, par. 101 Replaces everything after the enacting clause. Amends the Weights and Measures Act. Makes a technical change to the Section containing the short title. Senate Floor Amendment No. 3 Deletes reference to: 225 ILCS 470/1 Adds reference to: New Act 20 ILCS 3805/7.28 20 ILCS 3805/22 from Ch. 67 1/2, par. 322 30 ILCS 500/1-10 35 ILCS 5/214 35 ILCS 200/10-260 35 ILCS 200/15-178 new 310 ILCS 67/15 310 ILCS 67/25 310 ILCS 67/50 310 ILCS 67/70 new Replaces everything after the enacting clause. Creates the COVID-19 Affordable Housing Grant Program Act. Provides that the Illinois Housing Development Authority shall establish an affordable housing grant program to encourage the construction and rehabilitation of affordable multifamily rental housing in response to the COVID-19 pandemic. Contains provisions concerning financing. Amends the Illinois Procurement Code. Provides that the Code does not apply to certain contracts entered into by the Illinois Housing Development Authority. Amends the Illinois Housing Development Act. Makes changes concerning bonds and notes issued by the Illinois Housing Development Authority. Provides that the Illinois Housing Development Authority shall not have outstanding at any one time bonds and notes for any of its corporate purposes in an aggregate principal amount exceeding $7,200,000,000 (rather than $3,600,000,000), excluding bonds and notes issued to refund outstanding bonds and notes. Provides that of the authorized aggregate principal amount of $7,200,000,000 (rather than $3,600,000,000), the amount of $150,000,000 shall be used for the specified purposes. Amends the Illinois Income Tax Act. Extends the tax credit for affordable housing donations until December 31, 2026. Amends the Illinois Housing Development Act. Provides that the amount of tax credits reserved by the administrative housing agency for an approved project under the affordable housing tax donation credit program is limited to $32,850,352 in State fiscal years 2022 and 2023 and shall be increased by 5% in each fiscal year thereafter. Amends the Property Tax Code. Makes changes concerning the valuation of low-income housing projects that qualify for the Low-Income Housing Tax Credit under Section 42 of the Internal Revenue Code. Provides for a reduction in assessed value for affordable rental housing construction or rehabilitation. Amends the Affordable Housing Planning and Appeal Act. Provides that, for the purposes of the Act, rent includes any required costs for parking, maintenance, or landlord-imposed fees. Provides that an affordable housing plan, or any revision thereof, shall not be adopted by a nonexempt local government until notice and opportunity for public hearing have first been afforded. Provides that any vacancies in the Housing Appeals Board shall be filled within 90 days of the vacancy. Makes other changes. Effective immediately. Senate Floor Amendment No. 4 Makes a technical correction concerning a cross-reference.

Amends the Children with Disabilities Article of the School Code. Provides that if a student turns 22 during the time in which the student's in-person instruction is suspended for a period of 3 months or more during the school year as a result of the COVID-19 pandemic, then the student is eligible for special education services through the end of the following school year (rather than being eligible for such services only until the day before the student's 22nd birthday). Effective immediately. House Floor Amendment No. 1 Deletes reference to: 105 ILCS 5/14-1.02 Adds reference to: 105 ILCS 5/14-17 new Replaces everything after the enacting clause. Amends the Children with Disabilities Article of the School Code. Provides that eligible students who reached or will reach their 22nd birthday between March 17, 2020 and the end of the 2021-2022 school year shall be afforded the option of extending the student's eligibility through the end of the 2021-2022 school year to provide the student with an opportunity to participate in post-secondary transition activities and services and pursue the goals under the student's most recent individualized education program. Sets forth provisions regarding the extension of eligibility. Requires each school district to provide written notification of options to each student to whom these provisions apply or to the student's guardian or designated representative within 30 days after the effective date of the amendatory Act. Sets forth the written notification form. Effective immediately. Senate Floor Amendment No. 2 Replaces everything after the enacting clause. Amends the Children with Disabilities Article of the School Code. Provides that if a student with an individualized education program (IEP) reaches the age of 22 during the time in which the student's in-person instruction, services, or activities are suspended for a period of 3 months or more during the school year as a result of the COVID-19 pandemic, the student is eligible for such services up to the end of the regular 2021-2022 school year, unless the student is no longer a resident of the school district that was responsible for the student's IEP at the time the student reached the student's 22nd birthday. Provides for (i) the resumption of the IEP goals in effect when the student reached the student's 22nd birthday; an exception for a private therapeutic day or residential program, and (iii) notification. Effective immediately.

Amends the Illinois Insurance Code. Provides that coverage for the diagnosis and treatment of infertility shall be provided without discrimination on the basis of age, ancestry, color, disability, domestic partner status, gender, gender expression, gender identity, genetic information, marital status, national origin, race, religion, sex, or sexual orientation. Removes provisions stating that "infertility" means the inability to conceive after one year of unprotected sexual intercourse or the inability to sustain a successful pregnancy. House Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Illinois Insurance Code. Provides that a policy, contract, or certificate may not impose any exclusions, limitations, or other restrictions on coverage of fertility medications that are different from those imposed on any other prescription medications, nor may it impose any exclusions, limitations, or other restrictions on coverage of any fertility services based on a covered individual's participation in fertility services provided by or to a third party, nor may it impose deductibles, copayments, coinsurance, benefit maximums, waiting periods, or any other limitations on coverage for the diagnosis of infertility, treatment for infertility, and standard fertility preservation services, except as provided in the Section, that are different from those imposed upon benefits for services not related to infertility. Changes the definition of "infertility" to mean a disease, condition, or status characterized by: a failure to establish a pregnancy or to carry a pregnancy to live birth after 12 months of regular, unprotected sexual intercourse if the woman is 35 years of age or younger, or after 6 months of regular, unprotected sexual intercourse if the woman is over 35 years of age; a person's inability to reproduce either as a single individual or with a partner without medical intervention; or a licensed physician's findings based on a patient's medical, sexual, and reproductive history, age, physical findings, or diagnostic testing.

Amends the School Code. Requires school districts to provide contact information for the National Suicide Prevention Lifeline and for the Crisis Text Line on the back of each student identification card issued by the school district. Provides that if the school district does not issue student identification cards to its students or to all of its students, the school district must publish this information on its website. Effective July 1, 2021.

Amends the Illinois Optometric Practice Act of 1987. Provides that an optometrist licensed under the Act may practice optometry through telehealth as authorized by the Act and the Telehealth Act. Provides that an optometrist treating a patient located in Illinois through telehealth must be licensed under the Act. Provides that an optometrist practicing optometry through telehealth is subject to the same standard of care and practice standards that are applicable to optometric services provided in a clinic or office setting. Provides that an optometrist may not provide telehealth services unless the optometrist has established a provider-patient relationship with the patient. Provides that an optometrist treating a patient through telehealth must perform a minimum eye examination as required by the Illinois Administrative Code before prescribing eyeglasses or contact lenses to the patient. Provides that if the Department of Financial and Professional Regulation has reason to believe that a person has violated the provisions of the Act, it may issue a rule to show cause why an order to cease and desist should not be entered against that person. Provides that the rule shall clearly set forth the grounds relied upon by the Department and shall provide a period of 7 days from the date of the rule to file an answer to the satisfaction of the Department. Provides that failure to answer to the satisfaction of the Department shall cause an order to cease and desist to be issued immediately. Defines terms. Senate Floor Amendment No. 1 Provides that if there is any conflict between the provisions of the Illinois Optometric Practice Act of 1987 and the provisions of the Telehealth Act, the provisions of the Illinois Optometric Practice Act of 1987 control. Provides that an optometrist may treat a patient through telehealth in the absence of a provider-patient relationship when, in the professional judgment of the optometrist, emergency care is required. Provides that an optometrist treating a patient through telehealth must perform at least a minimum eye examination (rather than must perform a minimum eye examination) before prescribing eyeglasses or contact lenses to the patient.

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.