Rep. Maura Hirschauer

Amends the State Commemorative Dates Act. Provides that the Governor shall annually designate by official proclamation the third Friday of September in each year as POW/MIA Recognition Day (rather than the third Friday of September in each year is designated as POW/MIA Recognition Day) to be observed in honor and remembrance of the men and women who, as POWs, have suffered captivity in foreign countries while in active service with the United States armed forces or who, as MIAs, have been recognized as missing in action in a time of war or during a period of hostilities (rather than who were recognized as POWs or MIAs in a time of war or during a period of hostilities). Provides that the Governor shall request, in the Governor's annual designation by official proclamation, that some portion of the third Friday of September be used for solemn contemplation on the plight of members of the United States armed forces who have been held prisoners of war and members of the United States armed forces who have been missing in action and the resolve of families and friends who continue to seek the fullest possible accounting for missing loved ones. Effective immediately.

Creates the Family Neonatal Intensive Care Leave Act. Provides that all employees shall be entitled to use a maximum of 10 days of unpaid neonatal intensive care leave while a child of the employee is a patient in a neonatal intensive care unit. Provides that an employer shall not require that an employee use leave the employee is entitled to under the Family Medical Leave Act instead of leave the employee is entitled to under the Act. Sets forth provisions concerning unlawful employer practices; Department of Labor responsibilities; and enforcement. Amends the State Finance Act to create the Neonatal Intensive Care Leave Fund.

Amends the Substance Use Disorder Act. Requires the Department of Human Services to (i) establish a new intervention license category entitled "OPS Harm Reduction Services", (ii) establish standards for entities to become licensed under the OPS Harm Reduction Services category, and (iii) create a licensing application process. Provides that, notwithstanding any other law, ordinance, or regulation, any entity licensed as an OPS Harm Reduction Services provider may operate an overdose prevention site as authorized by the Department. Requires the Department to make a determination as to whether to approve an entity's application for an OPS Harm Reduction Services license within 4 weeks after the date upon which the entity submitted its application to the Department. Requires the Department to help educate local communities and public and private entities about overdose prevention sites and the evidence regarding the benefits of overdose prevention sites. Requires entities approved to operate an overdose prevention site to, at a minimum, provide a hygienic space where participants may consume pre-obtained substances, maintain a supply of naloxone and oxygen on-site, employ staff trained to administer first aid to participants who are experiencing an overdose, provide secure hypodermic needle and syringe disposal services, encourage drug checking or the use of fentanyl test strips, and other services. Requires licensed entities to submit a report to the Department on the number of participants who have received or are receiving services at the overdose prevention site and other matters. Grants immunity from civil or criminal liability to specified persons. Preempts home rule powers.

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. Provides that the Attorney General shall have authority to enforce the Act and may pursue any available remedy under State law when enforcing the Act. Effective 180 days after becoming law.

Amends the School Code. Provides that each school district must create, implement, and maintain an age-appropriate policy on race-related harassment and discrimination. In provisions concerning bullying prevention, provides that the required policy on bullying shall also include age-appropriate information about the definitions of harassment and sexual harassment, the procedures for reporting harassment, and the protections and relief available under Illinois Human Rights Act. Amends the Illinois Human Rights Act. Provides that harassment by an elementary, secondary, or higher education representative or the failure of an institution of elementary, secondary, or higher education to take remedial action or appropriate disciplinary action against a student or an elementary, secondary, or higher education representative employed by the institution (if the institution knows that the student or representative committed or engaged in harassment) is a civil rights violation. Provides that each institution of elementary, secondary, or higher education shall establish, implement, and maintain a continuing race-related discrimination and harassment program. Sets forth requirements concerning policies and procedures, a model training program, and reporting. Makes other changes. Effective August 1, 2024.

Amends the Mobile Home Park Act. Provides that, when a mobile home park owner notifies the manufactured home owners in the park of a rent or fee increase and the increase is in excess of 3% above the current rent, the mobile home park owner shall provide a written justification for the increase and make available to any resident, by request, documentation that show the costs and commencement of work that justify the rent increase, as applicable. Provides that in order for an increase in costs to justify a rent increase above 3%, for costs incurred for ordinary maintenance, including preventative maintenance, repair of the roads, infrastructure, or other community property or services, the mobile home park owner must demonstrate that the work performed was necessary to meet the mobile home park owner's warranty of habitability obligations, and demonstrate that the rent increase imposed was no more than was necessary to cover the actual and reasonable cost of the work performed.

Amends the Child Care Act of 1969. Provides that a day care center may operate for 24 hours or longer and may provide care for a child for a period of up to 12 hours if the parent or guardian of the child is employed in a position that requires regularly scheduled shifts and a 10-hour period elapses between day care visits. Provides that the Department of Children and Family Services shall adopt rules necessary to implement and administer the provisions. Makes a conforming change.

Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice within the meaning of the Act for a person to advertise, display, or offer a price for goods or services that does not include all mandatory fees and charges other than: (1) taxes or fees imposed by a unit of government on the transaction; and (2) postage or carriage charges that will be reasonably and actually incurred to ship the physical goods to the consumer. Provides that specified transactions are excluded from the provision.

Amends the Genetic Information Privacy Act. Provides that in accordance with the Sexual Assault Evidence Submission Act, genetic information derived from reference specimens of DNA from: (1) a victim of a sexual assault crime or alleged sexual assault crime; (2) known reference samples of DNA from any individual that were voluntarily provided for the purpose of exclusion: and (3) any profiles developed from those samples, may be used only for purposes directly related to the investigation of the sexual assault crime or alleged sexual assault crime through which the victim's genetic information was obtained. Amends the Sexual Assault Evidence Submission Act. Establishes procedures for the use by law enforcement of known reference specimens of DNA from a victim of a sexual assault crime or alleged sexual assault crime, and to known reference samples of DNA from any individual that were voluntarily provided for the purpose of exclusion, and to any profiles developed from those samples. Adds various definitions to the Act.

Amends the Illinois Insurance Code. In provisions concerning surplus line insurance, changes the definition of "home state". Amends the Farm Mutual Insurance Company Act of 1986. Sets forth provisions concerning farm mutual insurance company investments in home office real estate. Makes other changes.