Rep. Bob Morgan

Amends the Cannabis Regulation and Tax Act. Provides that a cannabis business establishment licensed by the Department of Agriculture for cultivating, growing, processing, manufacturing, or infusing cannabis or a cannabis-infused product pursuant to the Cannabis Regulation and Tax Act or the Compassionate Use of Medicinal Cannabis Program Act may use industrial hemp as an ingredient in cannabis or a cannabis-infused product that is offered for sale at a dispensary. Provides that hemp flower may not be sold to a dispensary. Provides that industrial hemp may be procured from a licensed third-party grower or processor from within the State of Illinois or from any other state with a regulated industrial hemp program. Requires all hemp and hemp derivatives obtained by a cannabis business establishment to be obtained from a licensed or registered hemp grower or processor. Provides that a cultivation center that intends to use hemp or a hemp derivative must apply for, and be issued, a Hemp Processor License by the Department. Requires a representative sample of all final products containing industrial hemp or hemp derivatives to undergo specified testing. Contains other provisions. Effective immediately.

Amends the Medical Assistance Article of the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services to permit medical assistance recipients, including those enrolled in managed care, to obtain pharmacy services from the pharmacy of their choice if the pharmacy is licensed under the Pharmacy Practice Act and accepts the professional dispensing fee for pharmacy services as determined by the Department. Provides that no managed care organization that contracts with the Department to provide services to recipients may restrict a recipient's access to pharmacy services to a selected group of pharmacies. Provides that if a managed care organization merges with or is acquired by another entity, the resulting entity may not restrict a recipient's access to pharmacy services to a selected group of pharmacies. Permits the Department to renegotiate with the resulting entity the terms of the managed care contract the Department had with the original managed care organization prior to the merger or acquisition. Requires the Department to contract with an independent research organization to conduct a study and submit a report on those managed care organizations that are contracted to provide services to recipients. Requires the report to include an analysis of pharmacy access for medical assistance recipients with the aim of identifying "pharmacy deserts"; an analysis of the costs and benefits of having managed care organizations administer health care services, including pharmacy services, to recipients; and other matters. Prohibits the Department from entering into any new contract with a managed care organization before the report has been received and analyzed by the Department and posted on its website. Effective immediately. Balanced Budget Note (Office of Management and Budget) Please be advised that the Balanced Budget Note Act does not apply to House Bill 591 as it 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) Based on a review of the bill, it has been determined that the proposed legislation would neither increase nor decrease the number of judges needed in the State of Illinois. Pension Note (Government Forecasting & Accountability) HB 591 will not have any impact on any public pension fund or retirement system in the State of Illinois. State Debt Impact Note (Government Forecasting & Accountability) HB 591 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. Home Rule Note (Dept. of Commerce & Economic Opportunity) This bill does not pre-empt home rule authority. State Mandates Fiscal Note (Dept. of Commerce & Economic Opportunity) This bill does not create a State Mandate. Fiscal Note (Dept. of Healthcare & Family Services) The bill would require the Department to accept claims from any provider licensed under the Pharmacy Practice Act for services provided to recipients under the Medicaid fee-for-service (FFS) program or through a contractual managed care organization (MCO) entity. There would be a significant impact to liability for the MCO capitation rates. This bill has a total fiscal impact of $186 million.

Amends the Medical Assistance Article of the Illinois Public Aid Code. Requires perinatal doula services and evidence-based home visiting services to be covered under the medical assistance program for persons who are otherwise eligible for medical assistance. Provides that perinatal doula services include regular visits beginning in the prenatal period and continuing into the postnatal period, inclusive of continuous support during labor and delivery, that support healthy pregnancies and positive birth outcomes. Provides that perinatal doula services may be embedded in an existing program, such as evidence-based home visiting. Provides that perinatal doula services provided during the prenatal period may be provided weekly, services provided during the labor and delivery period may be provided for the entire duration of labor and the time immediately following birth, and services provided during the postpartum period may be provided up to 12 months postpartum. Requires the Department of Healthcare and Family Services to adopt rules. Requires the Department, during the rulemaking process, to consider the expertise of and consult with doula program experts, doula training providers, practicing doulas, and home visiting experts, along with State agencies implementing perinatal doula services and relevant bodies under the Illinois Early Learning Council. Requires the Department to seek any State plan amendments or waivers necessary to implement the amendatory Act and to secure federal financial participation for expenditures made by the Department for perinatal doula services and evidence-based home visiting services. Effective July 1, 2022.

Amends the Illinois Insurance Code. Sets forth provisions concerning eligibility for health savings accounts. Provides that an HSA-eligible high deductible health plan is exempt from specified requirements but only until the deductible has been met and only to the extent necessary to allow the policy to satisfy specified federal criteria. Provides that for any HSA-eligible high deductible health plan issued, delivered, amended, or renewed on or after January 1, 2022, a company shall expressly identify the policy as HSA-eligible in all policy forms and in all sales and marketing materials. Provides that for high deductible non-HSA policies issued, delivered, amended, or renewed on or after January 1, 2022, the company shall use the term "non-HSA" in any name or title of the product found in its policy form, as well as in all sales and marketing materials. Provides that beginning January 1, 2022, if a company offers any HSA-eligible HDHP in the large group market, then it shall also offer in the same market at least one high-deductible non-HSA policy. Defines "HSA-eligible HDHP" and "high deductible non-HSA policy". In provisions concerning coverage for screening by low-dose mammography, provisions concerning coverage for contraceptives, and provisions concerning coverage for whole body skin examination, removes provisions stating that the mandates do not apply to required coverage to the extent such coverage would disqualify a high-deductible health plan from eligibility for a health savings account pursuant to specified federal law. Makes a conforming change in the Health Maintenance Organization Act. Amends the Health Maintenance Organization Act and the Voluntary Health Services Plans Act to provide that health maintenance organizations and voluntary health services plans shall be subject to provisions of the Illinois Insurance Code concerning nonparticipating facility-based physicians and providers and provisions concerning eligibility for health savings accounts. Effective January 1, 2022.

Amends the Township Code, Illinois Municipal Code, Downstate Forest Preserve District Act, Park District Code, Illinois Local Library Act, Public Library District Act of 1991, School Code, and Illinois Highway Code. Provides that specified contracts may be let to the lowest responsible bidder or the best value bidder (rather than to the lowest responsible bidder). Provides that "best value" means the result determined by a procurement method that considers price and other criteria reflecting an objective and quantifiable analysis. Includes examples of such analysis. House Floor Amendment No. 2 Adds reference to: 110 ILCS 805/3-27.1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: Includes requirements for the resolution to include the identity of an officer or director of the bidder who is a family member of a board member, is a person with whom a board member maintains a close economic association, or is a person with whom a board member maintains a close political association. Defines terms. In the Township Code, Illinois Municipal Code, and the Illinois Highway Code, provides that, if an entity is eligible to be paid for or reimbursed, in whole or in part, with federal-aid funds, grants, or loans, and the provisions would result in the loss of those federal-aid funds, grants, or loans, then the contract is exempt from the requirements of the provisions in order to remain eligible for those federal-aid funds, grants, or loans. In the School Code provisions, adds language providing that a school board that awards a competitively bid contract in excess of $25,000 to a third party for non-instructional services currently performed by an employee or bargaining unit member may only award such a contract to the lowest responsible bidder. Amends the Public Community College Act making similar changes made to the other Acts in the bill. House Floor Amendment No. 4 Provides that, if an entity is eligible to be paid for or reimbursed, in whole or in part, with federal-aid funds, grants, or loans, and the letting of a contract to the best value bidder under the provisions would result in the loss of those federal-aid funds, grants, or loans, then the contract shall be let to the lowest responsible bidder (rather than the contract is exempt from the provisions).

Amends the Criminal Identification Act. Provides that the Illinois State Police and all law enforcement agencies within the State shall automatically expunge all criminal history records of an arrest, charge not initiated by arrest, order of supervision, or order of qualified probation for any person who, on or after January 1, 1970, has been convicted of, or is serving an order of supervision for, possession or delivery, but not manufacture or production, of cannabis whether or not the person has served or is serving his or her sentence for that violation on the effective date of the amendatory Act. Provides that the clerk of the circuit court shall, on the effective date of the amendatory Act, automatically expunge the court records of a person who, on or after January 1, 1970, has been convicted of, or is serving an order of supervision for, possession or delivery, but not manufacture or production, of cannabis whether or not the person has served or is serving his or her sentence for that violation on the effective date of the amendatory Act. Provides that a person imprisoned solely as a result of one or more convictions for possession or delivery, but not manufacture or production, of cannabis shall be released from incarceration on the effective date of the amendatory Act. Amends the Cannabis Control Act. Repeals the provision prohibiting the possession of cannabis. Modifies the provision prohibiting the delivery or manufacture of cannabis so it applies only to manufacture or production of cannabis. Amends the Cannabis Regulation and Tax Act to make conforming changes. Fiscal Note (Admin Office of the Illinois Courts) HB3085 amends the Criminal Identification Act, requiring automatic expungement of law enforcement and court records related to cannabis convictions on the effective date of the bill. Based on a review of the bill, it is not possible to determine what fiscal impact, if any, the bill would have on state appropriations to the judicial branch or what fiscal impact, if any, the bill would have on local judicial budgets. Fiscal Note (Illinois State Police) House Bill 3085 provides the Illinois State Police shall automatically expunge all criminal history records of an arrest, charge not initiated by arrest, order of supervision, or order of qualified probatfon for any person who, onor after January 1, 1970, has been convicted of, or is serving an order of supervision for, possession or delivery, but not manufacture or production, of cannabis whether or not the person has served or is serving his or her sentence for that violation. Automatic expungement outside the judicial process will not allow for the collection of statutory fees, which cover administrative costs. While existing personnel may be used to develop and implement computer programming to carry out the automatic expungement of electronic records, our records unit who-handles physical records would need additional staff. The cost of one office specialist in our records unit is $113,583, which includes personal services and fringe benefits (retirement, social security and insurance). If House Bill 3085 were to become law, we would hire three additional records specialists at a cost of approximately $340,749.

Amends the Regulatory Sunset Act. Provides that the Naprapathic Practice Act is repealed on January 1, 2028 (instead of January 1, 2023). Amends the Naprapathic Practice Act. Defines "email address of record". Provides that all applicants and licensees shall provide a valid physical and email address and inform the Department of Financial and Professional Regulation of any change of physical or email address within 14 days. Provides that the Department shall assign a customer's identification number to each applicant for a license. Provides that making a material misstatement in furnishing information to the Department is grounds for disciplinary action. Provides that a person not licensed under the Act and engaged in the business of offering naprapathy services shall not aid, assist, procure, advise, employ, or contract with any unlicensed person to practice naprapathy contrary to the rules of the Act. Provides that the Department may refuse to issue or may suspend the license of any person who fails to file a tax return. Makes changes to the provisions regarding physical and mental examinations of a licensee or applicant. Removes a provision that provides that if the Secretary of Financial and Professional Regulation fails to issue a final order within 30 days after receipt of the hearing officer's findings of fact, conclusions of law, and recommendations, then the hearing officer's determinations become a final order. Makes other changes. Specified provisions are effective immediately. House Floor Amendment No. 1 Adds reference to: 225 ILCS 63/15 225 ILCS 63/17 225 ILCS 63/36 new 225 ILCS 63/150 225 ILCS 63/155 225 ILCS 63/165 Replaces everything after the enacting clause. Amends the Regulatory Sunset Act. Repeals the Naprapathic Practice Act on January 1, 2028 (instead of January 1, 2023). Amends the Naprapathic Practice Act. Defines "Board" and "email address of record". Provides that all applicants and licensees shall provide a valid address and email address to the Department of Financial and Professional Regulation and inform the Department of any change of address or email address within 14 days. Provides that naprapathic practice means identification, evaluation, and treatment (rather than only the evaluation) of persons with connective tissue disorders through the use of naprapathic case history and palpation or treatment. Provides that a naprapath shall order additional screening if the patient does not demonstrate measurable or functional improvement after 6 visits and continued improvement thereafter. Provides that a naprapath shall refer a patient to the patient's treating health care profession of record if the patient's condition is determined to be beyond the scope of practice of the naprapath. Provides that a person may be qualified to receive a license as a naprapath if he or she is at least 21 years of age (rather than 18 years of age) and, for licenses granted on or after January 1, 2028, has graduated from a 4-year college level program or its equivalent approved by the Department. Creates the Board of Naprapathy. Provides for membership and duties of the Board. Provides that the Department shall assign a customer's identification number to each applicant for a license. Provides that making a material misstatement in furnishing information to the Department is grounds for disciplinary action. Provides that a person not licensed under the Act and engaged in the business of offering naprapathy services shall not aid, assist, procure, advise, employ, or contract with any unlicensed person to practice naprapathy contrary to the Act. Provides that the Department may refuse to issue or may suspend the license of any person who fails to file a tax return, to pay the tax, penalty, or interest shown in a filed tax return, or to pay any final assessment of tax, penalty, or interest. Makes changes to the provisions regarding physical and mental examinations of a licensee or applicant. Removes a provision that provides that if the Secretary of Financial and Professional Regulation fails to issue a final order within 30 days after receipt of the hearing officer's findings of fact, conclusions of law, and recommendations, then the hearing officer's determinations become a final order. Provides that the Board shall review the report of the hearing office and present its findings of fact, conclusions of law, and recommendations to the Secretary. Provides that an order shall be prima facie proof that the Board and its members are qualified to act. Removes a provision that provides that exhibits shall be certified without cost. Repeals a provision regarding rosters. Makes conforming and other changes. Provisions amending the Regulatory Sunset Act are effective immediately.

Creates the Clean Jobs, Workforce and Contractor Equity Act. Creates the Equity and Empowerment in Clean Energy Advisory Board to administer the Clean Jobs Workforce Hubs Program, the Expanding Clean Energy Entrepreneurship and Contractor Incubator Network Program, the Returning Residents Clean Jobs Training Program, and the Illinois Clean Energy Black, Indigenous, and People of Color Primes Contractor Accelerator. Creates the Illinois Clean Energy Jobs and Justice Fund Act, the Community Energy, Climate, and Jobs Planning Act, the Energy Community Reinvestment Act, the Clean Energy Empowerment Zone Tax Credit Act, the Coal Severance Fee Act, the Building Energy Performance Standard Act, and the Public Utilities Intervenor Compensation Act. Amends the Illinois Administrative Procedure Act to allow for emergency rulemaking. Amends the State Finance Act to create the Energy Community Reinvestment Fund, the Illinois Commerce Commission Intervenor Compensation Fund, and the Illinois Clean Energy Jobs and Justice Fund. Amends the Electric Vehicle Act, the Energy Efficient Building Act, the Illinois Power Agency Act, the Illinois Income Tax Act, the Retailers' Occupation Tax Act, the School Code, the Public Utilities Act, the Environmental Protection Act, the Illinois Nuclear Facility Safety Act, and the Prevailing Wage Act by making changes to implement certain programs. Makes other changes. Effective immediately.

Creates the Insurance Business Transfer Act. Provides that notwithstanding any other provision of law, a court may issue any order, process, or judgment that is necessary or appropriate to carry out the provisions of this Act. Sets forth provisions concerning notice requirements, application procedure, application to a court for approval of a plan, approval and denial of insurance business transfer plans, and fees and costs. Provides that the Department of Insurance shall adopt rules that are consistent with the provisions and that no insurance business transfer plan shall be approved in the State unless and until such rules are adopted. Provides that the portion of the application for an insurance business transfer that would otherwise be confidential, including any documents, materials, communications, or other information submitted to the Director of Insurance in contemplation of an application, shall not lose such confidentiality. Provides that insurers consent to the jurisdiction of the Director with regard to ongoing oversight of operations, management, and solvency relating to the transferred business. Defines terms. House Floor Amendment No. 1 In provisions concerning the independent expert's report and the approval of an insurance transfer plan, changes references from "policyholders and claimants" to "policyholders, reinsurers, and claimants", and "policyholders or claimants" to "policyholders, reinsurers, or claimants".

Amends the Court of Claims Act. Provides that for the purpose of making up any deficiency in the appropriation for the payment of claims directed pursuant to the Line of Duty Compensation Act, there is appropriated, on a continuing annual basis in each fiscal year, from the General Revenue Fund to the Court of Claims, the amount, if any, by which the total appropriation for the payment of claims directed pursuant to the Line of Duty Compensation Act for the fiscal year is less than the amount required for the payment of claims pursuant to the Line of Duty Compensation Act for that fiscal year. Provides that the amount of any continuing appropriation used by the Court of Claims under the amendatory Act for a given fiscal year shall be charged against the unexpended amount of any appropriation for line of duty awards to the Court of Claims for that fiscal year that subsequently becomes available. Requires the Court of Claims to report to the President and Minority Leader of the Senate, the Speaker and Minority Leader of the House of Representatives, and the Governor's Office of Management and Budget on any continuing appropriation that is used at the conclusion of a fiscal year. Effective immediately.