Rep. Rita Mayfield

Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that, subject to federal law and regulation, no provider of telephone, cellular telephone, television, Internet, energy, medical alert system, or water services shall impose a fee for termination or early cancellation of a service contract if the customer dies before the end of the contract. Provides that every violation is an unlawful practice within the meaning of the Act.

Amends the Illinois Insurance Code. Includes the delivery of covered health care services by way of telephone usage in the definition of "telehealth services". Provides that health care services that are covered under an individual or group policy of accident or health insurance must be covered when delivered via telehealth services when clinically appropriate, subject to specified conditions (rather than requiring an individual or group policy of accident or health insurance to comply with specified conditions if it provides coverage for telehealth services). Provides that patient cost-sharing may be no more than if the health care service were delivered in person. Provides that no excepted benefit policy may deny or reduce any benefit to a patient based on the use of clinically appropriate telehealth services in the course of satisfying the policy's benefit criteria. House Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. In provisions concerning health care services that are covered under an individual or group policy of accident and health insurance that must be covered when delivered via telehealth services when clinically appropriate, provides that reimbursement to a health care provider for telehealth services for behavioral health services provided through an interactive telecommunications system shall be made on the same basis, in the same manner, and at the same rate as would be applied for the same services if they had been delivered in-person and shall include reasonable compensation to a facility that serves as the originating site at the time a telehealth service is rendered. Provides that with respect to telehealth benefits provided in an individual or group policy of accident or health insurance, insurers may not (rather than an individual or group policy of accident or health insurance may not) require patients to use a separate panel of health care providers to receive telehealth service coverage and reimbursement; create geographic or facility restrictions or requirements for telehealth services; require patients or health care providers to prove a hardship or access barrier before the approval of telehealth services for coverage or reimbursement; negotiate different contract rates for telehealth services and in-person services for behavioral health services; or impose upon telehealth services utilization review requirements that are unnecessary, duplicative, or unwarranted or impose any treatment limitations, prior authorization, documentation, or recordkeeping requirements that are more stringent than the requirements applicable to the same health care service when rendered in-person. Provides that health care providers shall determine the appropriateness of specific sites, technology platforms, and technology vendors for a telehealth service, as long as delivered services adhere to privacy laws. Defines terms. House Floor Amendment No. 2 Adds reference to: 215 ILCS 5/356z.43 new 225 ILCS 150/5 225 ILCS 150/15 325 ILCS 20/3 from Ch. 23, par. 4153 325 ILCS 20/3b new 325 ILCS 20/11 from Ch. 23, par. 4161 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Provides that a health insurer shall reimburse a network provider for behavioral health services delivered through telehealth on at least the same basis and at the same rate as if delivered in-person. Provides that a health insurer may establish reasonable requirements and parameters for telehealth services. Further amends the Illinois Insurance Code. Creates the Telehealth Payment Parity Task Force to review and study the use of telehealth services in the State with respect to payment and reimbursement parity for health care providers providing such services. Sets forth provisions concerning election of a chairperson, compensation, and appointments of members of the Telehealth Payment Parity Task Force. Provides that the task force shall submit its findings and recommendations to the Governor and General Assembly by December 31, 2021. Provides that the task force is dissolved on January 1, 2023. Amends the Telehealth Act. In provisions concerning use of telehealth, provides that services provided by telehealth shall be consistent with all federal and State privacy, security, and confidentiality laws. Provides that health care professionals shall determine the appropriateness of specific sites, technology platforms, and technology vendors for a telehealth service, as long as delivered services adhere to specified privacy laws. Provides that health care professionals shall maintain documentation and recordkeeping in accordance with specified provisions of the Illinois Administrative Code. Amends the Early Intervention Services System Act. Permits an early intervention provider to deliver via telehealth any type of early intervention services authorized under the Act to the extent of his or her scope of practice as established in his or her respective licensing Act consistent with the standards of care for in-person services. Requires parents to be informed of the availability of early intervention services provided through telehealth. Provides that parents shall make the final decision as to whether accepted early intervention services are delivered in person or via telehealth. Defines terms. Makes other changes. Effective immediately. Senate Committee Amendment No. 1 Deletes reference to: 215 ILCS 5/356z.43 new Adds reference to: 5 ILCS 100/5-45.8 new 225 ILCS 150/10 Replaces everything after the enacting clause with the provisions of the engrossed bill with the following changes. Provides that an individual or group policy of accident or health insurance that is amended, delivered, issued, or renewed on or after the effective date of the amendatory Act shall cover telehealth services, e-visits, and virtual check-ins rendered by a health care professional when clinically appropriate and medically necessary to insureds, enrollees, and members in the same manner as any other benefits covered under the policy. Provides that an individual or group policy of accident or health insurance may provide reimbursement to a facility that serves as the originating site at the time a telehealth service is rendered. Sets forth provisions with which coverage for telehealth services shall comply. Provides that an individual or group policy of accident or health insurance shall notify health care professionals and facilities of any instructions necessary to facilitate billing for telehealth services, e-visits, and virtual check-ins. Provides that the Department of Insurance and the Department of Public Health shall commission a report to the General Assembly and shall submit the report by December 31, 2026. Provides that the Department of Insurance may adopt rules to implement the provisions. Provides that specified provisions are inoperative on and after January 1, 2028. Removes provisions concerning the Telehealth Payment Parity Task Force. Defines terms. Further amends the Telehealth Act. Changes a reference to "telehealth" to "telehealth services." Removes language that provides that health care professionals shall maintain documentation and recordkeeping in accordance with specified provisions of the Illinois Administrative Code. Defines terms. Amends the Illinois Administrative Procedure Act to provide for emergency rulemaking. Makes other changes. Effective immediately.

Amends the Code of Criminal Procedure of 1963. Provides that at any time upon the recommendation of the State's Attorney of the county in which the defendant was sentenced, the State's Attorney may petition the sentencing court or the sentencing court's successor to resentence the offender if the original sentence no longer advances the interests of justice. Provides that the sentencing court or the sentencing court's successor may resentence the offender if it finds that the original sentence no longer advances the interests of justice. Provides that, upon receipt of a petition for resentencing, the court may resentence the defendant in the same manner as if the offender had not previously been sentenced; however, the new sentence, if any, may not be greater than the initial sentence. Provides that the court may consider postconviction factors, including, but not limited to, the inmate's disciplinary record and record of rehabilitation while incarcerated; evidence that reflects whether age, time served, and diminished physical condition, if any, have reduced the inmate's risk for future violence; and evidence that reflects changed circumstances since the inmate's original sentencing such that the inmate's continued incarceration no longer serves the interests of justice. Provides that credit shall be given for time served; that victims shall be afforded all rights as outlined in the Rights of Crime Victims and Witnesses Act; and that resentencing shall not reopen the defendant's conviction to challenges that would otherwise be barred. Provides that nothing in the new provisions shall be construed to limit the power of the Governor under the Constitution to grant a reprieve, commutation of sentence, or pardon.

Amends the Code of Criminal Procedure of 1963. Provides that at any time upon the recommendation of the State's Attorney of the county in which the defendant was sentenced, the State's Attorney may petition the sentencing court or the sentencing court's successor to resentence the offender if the original sentence no longer advances the interests of justice. Provides that the sentencing court or the sentencing court's successor may resentence the offender if it finds that the original sentence no longer advances the interests of justice. Provides that, upon receipt of a petition for resentencing, the court may resentence the defendant in the same manner as if the offender had not previously been sentenced; however, the new sentence, if any, may not be greater than the initial sentence. Provides that the court may consider postconviction factors, including, but not limited to, the inmate's disciplinary record and record of rehabilitation while incarcerated; evidence that reflects whether age, time served, and diminished physical condition, if any, have reduced the inmate's risk for future violence; and evidence that reflects changed circumstances since the inmate's original sentencing such that the inmate's continued incarceration no longer serves the interests of justice. Provides that credit shall be given for time served; that victims shall be afforded all rights as outlined in the Rights of Crime Victims and Witnesses Act; and that resentencing shall not reopen the defendant's conviction to challenges that would otherwise be barred. Provides that nothing in the new provisions shall be construed to limit the power of the Governor under the Constitution to grant a reprieve, commutation of sentence, or pardon. House Floor Amendment No. 1 Deletes reference to: 725 ILCS 5/123 new Adds reference to: New Act Replaces everything after the enacting clause. Creates the Resentencing Task Force Act. Provides that the task force shall study innovative ways to reduce the prison population in Illinois from initiations of resentencing motions filed by State's Attorneys, the Illinois Department of Corrections and the judicial branch. Provides that the task force further aims to acknowledge that employees who work for the Illinois Department of Corrections and other members of law enforcement may be affected by the reduction of the prison population. Provides that the task force shall consider ways to train and refocus the workforce in communities where many jobs are with the Illinois Department of Corrections and law enforcement. Provides that the task force shall consist of specific members. Provides that the task force shall meet no less than 4 times and shall provide recommendations for legislation to the General Assembly and the Governor's Office on or before January 1, 2022. Provides that the members of the task force shall serve without compensation. Provides that the Illinois Criminal Justice Information Authority shall provide administrative and technical support for the task force and are responsible for appointing a chairperson and ensuring the requirements of the task force are met. Contains a findings provision. Effective immediately. Senate Floor Amendment No. 5 Replaces everything after the enacting clause. Reinserts the provisions of the bill as engrossed, with the following changes: Provides that the task force shall study innovative ways to reduce the prison population in Illinois from initiations of resentencing motions filed by incarcerated individuals, in addition to State's Attorneys, the Illinois Department of Corrections, and the judicial branch. Removes language concerning refocusing the workforce in communities where many jobs are with law enforcement and the Illinois Department of Corrections. Provides that the Illinois Sentencing Policy Advisory Council (rather than the Illinois Criminal Justice Information Authority) shall provide support to the task force. Provides that the task force shall provide specified recommendations before July 1, 2022 (rather than January 1, 2022). Removes a task force member representing the interests of members of a labor union. Provides for an additional task force member who shall be a member of law enforcement appointed by an association representing law enforcement. Provides for an additional task force member representing the private criminal defense bar. Provides for an additional task force member appointed by the Public Defender's Association. Provides for 3 task force members who are retired judges (rather than one). Provides for an additional task force member appointed by the Department of Corrections.

Amends the Code of Civil Procedure. Provides that anything said or done during or in preparation for a restorative justice practice or as a follow-up to that practice, or the fact that the practice has been planned or convened, is privileged and cannot be referred to, used, or admitted in any civil, criminal, juvenile, or administrative proceeding unless the privilege is waived, during the proceeding or in writing, by the party or parties protected by the privilege. Provides that the legitimacy of a restorative justice practice, if challenged in any civil, juvenile, criminal, or administrative proceeding, shall be determined by a judge. Provides that the privilege does not apply when: (1) disclosure is necessary to prevent death, great bodily harm, or the commission of a crime; (2) necessary to comply with another law; or (3) a court, tribunal, or administrative body requires a report on a restorative justice practice, but such report shall be limited to the fact that a practice has taken place, an opinion regarding the success of the practice, and whether further restorative justice practices are expected. Effective immediately.

Amends the Illinois Banking Act. Makes a technical change in a Section concerning the primary powers of banks. House Floor Amendment No. 4 Deletes reference to: 205 ILCS 5/3 from Ch. 17, par. 309 Adds reference to: 5 ILCS 100/5-45 from Ch. 127, par. 1005-45 410 ILCS 130/55 410 ILCS 130/100 410 ILCS 130/115 410 ILCS 130/115.5 new 410 ILCS 130/130 410 ILCS 130/145 410 ILCS 130/162 new 410 ILCS 705/1-10 410 ILCS 705/5-45 410 ILCS 705/7-30 410 ILCS 705/10-25 410 ILCS 705/10-40 410 ILCS 705/15-15 410 ILCS 705/15-25 410 ILCS 705/15-30 410 ILCS 705/15-30.20 new 410 ILCS 705/15-35 410 ILCS 705/15-35.10 new 410 ILCS 705/15-35.20 new 410 ILCS 705/15-40 410 ILCS 705/15-70 410 ILCS 705/15-85 410 ILCS 705/15-135 410 ILCS 705/20-30 410 ILCS 705/20-55 new 410 ILCS 705/25-5 410 ILCS 705/25-30 410 ILCS 705/25-35 410 ILCS 705/30-5 410 ILCS 705/30-30 410 ILCS 705/30-55 new 410 ILCS 705/35-5 410 ILCS 705/35-25 410 ILCS 705/35-30 410 ILCS 705/35-45 new 410 ILCS 705/40-25 410 ILCS 705/40-30 410 ILCS 705/40-45 new 410 ILCS 705/55-21 410 ILCS 705/55-28 410 ILCS 705/55-30 625 ILCS 5/11-502.1 625 ILCS 5/11-502.15 Replaces everything after the enacting clause. Amends the Compassionate Use of Medical Cannabis Program Act. Provides that, for any dispensing organization registered on or after January 1, 2021 (rather than July 1, 2019), the Department of Financial and Professional Regulation shall adopt rules to create a registration process for Social Equity Justice Involved Applicants and Qualifying Applicants, a streamlined application, and a Social Equity Justice Involved Medical Lottery under to issue the remaining available 5 dispensing organization registrations for operation (rather than award not less than 20% of all available points to applicants that qualify as Social Equity Applicants). Defines "Social Equity Justice Involved Medical Lottery". Contains other provisions. Amends the Cannabis Regulation and Tax Act. Provides that specified entities are subject to random inspections as provided by rule. Provides that the Cannabis Regulation Oversight Officer serves a coordinating role among State agencies regarding the Act and the Compassionate Use of Medical Cannabis Program Act. Provides that failure of a cannabis business establishment to respond to the request of the Cannabis Regulation Oversight Officer to complete the form regarding the extent of diversity in the medical and adult use cannabis industry, report, and any other request for information may be grounds for disciplinary action by the Department of Financial and Professional Regulation or the Department of Agriculture. Requires the Department of Financial and Professional Regulation to issue up to 110 Conditional Adult Use Dispensing Organization Licenses by lot. Contains requirements for Dispensary Applicants, distribution of licenses, and drawing available licenses by lot. Provides an application process for requirements for specified Conditional Adult Use Dispensing Organization Licenses. Requires the Department to issue at least 50 additional Conditional Adult Use Dispensing Organization Licenses on or before December 21, 2022. Makes changes to cannabis packaging requirements during sale. Provides that, upon the completion of the disparity and availability study pertaining to infusers by the Cannabis Regulation Oversight Officer, the Department of Agriculture may modify or change specified licensing application processes to reduce or eliminate barriers and remedy evidence of discrimination identified in the study. Provides that agent applicants may begin employment at a cultivation center, a dispensing organization, a Community College Cannabis Vocational Training Pilot Program, an infuser organization, or a transporting organization while the agent applicant's identification card application is pending. Provides that, upon approval, the approving State entity shall issue the agent's identification card to the agent. Provides that, if denied, the cultivation center, dispensing organization, Community College Cannabis Vocational Training Pilot Program, infuser organization, or transporting organization and the agent applicant shall be notified and the agent applicant must cease all activity at the cultivation center, dispensing organization, Community College Cannabis Vocational Training Pilot Program, infuser organization, or transporting organization immediately. Contains provisions regarding the disclosure of ownership and control of cultivation centers, craft growers, infuser organizations, and transporting organizations. Makes other changes. Amends the Illinois Vehicle Code. Makes changes to cannabis containment requirements within a motor vehicle. Contains a severability provision. Effective immediately. House Floor Amendment No. 6 Adds reference to: 410 ILCS 705/10-35 In provisions amending the Compassionate Use of Medical Cannabis Program Act, makes changes to the definition of "Social Equity Justice Involved Applicant". Requires cannabis in a vehicle to be in a reasonably secured, sealed or resealable (rather than a reasonable secured, sealed) container. In provisions amending the Cannabis Regulation and Tax Act, makes the following changes. Removes language providing that any person 21 years of age or older in possession of cannabis shall not be required to possess cannabis in a container that meets specified requirements. Provides an exception for breaching the confidentiality of information obtained under the Act. Provides that an Early Approval Adult Use Dispensing Organization's application to relocate its license under specified provisions shall be deemed approved 30 days (rather than within 30 days) following the submission of a complete application to relocate. Provides that specified applicants may not be located within 1,500 of a dispensing organization licensed under provisions regarding Early Approval Adult Use Dispensing Organization Licenses or Early Approval Adult Use Dispensing Organization License secondary sites (rather than within 1,500 of a dispensing organization), unless specified requirements are met. Provides that if awarding a license in a Tied Applicant Lottery would result in a Tied Applicant possessing more than 10 specified licenses, or any combination of the specified licenses, (rather than only the specified licenses) the Tied Applicant must choose which license to abandon. Restores language requiring any product containing cannabis to be sold in a container that, among other things, must be odor-proof.

Amends the Local Government Officer Compensation Act. Provides that the compensation of county elected officers shall be fixed by ordinance or resolution of the county board or board of county commissioners. Provides that, in the ordinance or resolution fixing the compensation of county elected officers, the county board shall separately list each stipend an elected officer is expected to receive in addition to the compensation to be paid by the county. Effective immediately.

Amends the Illinois Wage Payment and Collection Act. Provides that an employee is entitled to recover damages of 5% (rather than 2%) of the amount of any underpayments in wages for each month following the date of payment during which such underpayments remain unpaid. Effective immediately.

Amends the Ivory Ban Act. Changes the short title of the Act to the Animal Parts and Products Ban Act. Makes the Act applicable to animal parts or products. Defines "animal part or product" to mean, in addition to ivory and rhinoceros horn, any item that contains, or is wholly or partially made from, the following animal family, genus, or species: cheetah, elephant, giraffe, great ape, hippopotamus, jaguar, leopard, lion, monk seal, narwhal, pangolin, ray or shark, rhinoceros, sea turtle, tiger, walrus, or whale, insofar as the species, subspecies, or distinct population segment is listed on specified endangered species lists. Authorizes the Department of Natural Resources to permit the transfer of covered animal parts or products to or from a museum, unless the activity is prohibited by federal law. Makes changes concerning exemptions for certain antiques. House Floor Amendment No. 1 Makes it unlawful to import with the intent to sell (rather than import) any animal part or product, except as provided by the Act. Makes a change to the definition of "animal part or product".

Amends the School Code and various Acts relating to the governance of public universities and community colleges in Illinois. Provides that the governing board of each school district, public university, and community college district must allow a student athlete to modify his or her athletic or team uniform for the purpose of modesty in clothing or attire that is in accordance with the requirements of his or her religion. Provides that a modification to the uniform may include, but is not limited to, the wearing of a hijab, an undershirt, or leggings. Provides that the student is responsible for all costs associated with the modification of the uniform, but allows a school or institution of higher education to provide the modification to its students. Provides that the school or the institution must approve the request from a student to modify the uniform to ensure that the modification does not pose a safety hazard to the student or to other athletes or players. Sets forth requirements for modified headgear. Effective immediately. House Committee Amendment No. 1 Adds reference to: 105 ILCS 5/22-90 new 105 ILCS 5/27A-5 Replaces everything after the enacting clause. Reinserts the contents of the bill with the following changes. Provides that the governing board must also allow a modification for the purpose of modesty in clothing or attire that is in accordance with his or her cultural values or modesty preferences. Removes language that provides that the request from a student to modify his or her athletic or team uniform must be approved by the governing board and the board shall reasonably accommodate the student's request. Provides instead that the student shall not be required to receive prior approval from the governing board for the modification. Provides that recognized nonpublic schools and charter schools must also allow a student athlete to modify his or her athletic or team uniform for the purpose of modesty in clothing or attire that is in accordance with the requirements of his or her religion or his or her cultural values or modesty preferences. Effective immediately.