Sen. Celina Villanueva

Amends the Foreign Banking Office Act. Makes a technical change in a Section concerning the short title. House Floor Amendment No. 1 Deletes reference to: 205 ILCS 645/1 Adds reference to: 215 ILCS 5/355 from Ch. 73, par. 967 215 ILCS 125/4-12 from Ch. 111 1/2, par. 1409.5 Replaces everything after the enacting clause. Amends the Illinois Insurance Code and the Health Maintenance Organization Act. Provides that all individual and small group accident and health policies written in compliance with the Patient Protection and Affordable Care Act must file rates for approval. Provides that rate increases not found to be reasonable in relation to benefits under the policy provided will be disapproved. Requires the Department of Insurance to provide a report to the General Assembly after January 1, 2021, regarding both on and off exchange individual and small group rates in the Illinois market. House Floor Amendment No. 2 Deletes reference to: 205 ILCS 645/1 Adds reference to: 215 ILCS 5/355 from Ch. 73, par. 967 215 ILCS 125/4-12 from Ch. 111 1/2, par. 1409.5 Replaces everything after the enacting clause. Amends the Illinois Insurance Code and the Health Maintenance Organization Act. Provides that all individual and small group accident and health policies written in compliance with the Patient Protection and Affordable Care Act must file rates with the Department of Insurance for approval. Provides that rate increases found to be unreasonable rate increases in relation to benefits under the policy provided shall be disapproved. Requires the Department to provide a report to the General Assembly after January 1, 2021, regarding both on and off exchange individual and small group rates in the Illinois market. Requires that the Department approve or deny rate increases within 60 calendar days after the rate increase is filed with the Department. Provides that a rate increase that is not approved or denied by the Department on the 61st calendar day shall be automatically approved on that day. Provides that no less than 30 days after the federal Centers for Medicare and Medicaid Services has certified the plans described in this Section for the upcoming plan year, the Department shall publish on its website a report explaining the rates for the subsequent calendar year's certified policies. Defines "unreasonable rate increase". Senate Floor Amendment No. 2 Deletes reference to: 215 ILCS 5/355 from Ch. 73, par. 967 215 ILCS 125/4-12 from Ch. 111 1/2, par. 1409.5 Adds reference to: 805 ILCS 5/7.05 from Ch. 32, par. 7.05 805 ILCS 5/7.15 from Ch. 32, par. 7.15 805 ILCS 5/7.30 from Ch. 32, par. 7.30 Replaces everything after the enacting clause. Amends the Business Corporation Act of 1983. Provides that if the board of directors is authorized to determine the place of a meeting of shareholders, the board of directors may determine that the meeting shall not be held at any place, but may instead be held solely by means of remote communication. Provides that a corporation may allow shareholders to participate in and act at any meeting of the shareholders through the use of remote connection; however, the corporation shall implement reasonable measures to provide the shareholders a reasonable opportunity to participate in the meeting and to vote on matters submitted to the shareholders. Provides that the corporation may implement reasonable measures to verify that each person deemed present and entitled to vote at the meeting by means of remote communication is a shareholder. Makes corresponding changes. Effective immediately.

Amends the Postsecondary and Workforce Readiness Act. In provisions concerning postsecondary and career expectations, provides that, beginning in grade 6, students should be introduced to the importance of developing and applying a work ethic in a variety of contexts; sets forth what this introduction may include. Senate Floor Amendment No. 1 Deletes reference to: 110 ILCS 148/15 Adds reference to: 105 ILCS 5/2-3.130 105 ILCS 5/10-20.33 105 ILCS 5/34-18.20 Replaces everything after the enacting clause. Amends the School Code. Makes changes concerning the adoption of rules by the State Board of Education governing time out and physical restraint in the public schools. Subject to appropriation, requires the State Board to create a grant program for school districts and special education cooperatives and charter schools to implement school-wide, culturally sensitive, and trauma-informed practices, positive behavioral interventions and supports, and restorative practices. Allows the State Board to contract with a third party to provide assistance with oversight and monitoring, and requires the State Board to establish reduction goals and a system of ongoing review, auditing, and monitoring. Makes changes in provisions concerning a school board's use of time out and physical restraint, including providing that isolated time out, time out, and physical restraint may be used only under certain circumstances, prohibiting the deprivation of necessities and prone, mechanical, and chemical restraint, and requiring a meeting with school personnel if requested by the parent or guardian, the provision of information to parents and guardians, and written procedures. Effective immediately.

Amends the Illinois Procurement Code. Prohibits any person or business that violates the Illinois Wage Payment and Collection Act, the Minimum Wage Law, the Illinois Worker Adjustment and Retraining Notification Act, the Employee Classification Act, the Day and Temporary Labor Services Act, the Fair Labor Standards Act of 1938, or any comparable state statute or regulation of any state which governs the payment of wages to do business with the State or any State agency or enter into a subcontract that is subject to the Code for a period of 5 years. Amends the Illinois Wage Payment and Collection Act. Provides that an employer that is able to pay wages and who refuses to pay is guilty of a Class 4 felony with respect to amounts of $5,000 or less (rather than a Class B misdemeanor) and of a Class 3 felony with respect to amounts greater than $5,000 (rather than a Class A misdemeanor). Provides that a subsequent failure to pay within 5 years (rather than 2 years) of a prior conviction is a Class 3 felony (rather than a Class 4 felony). House Committee Amendment No. 1 Provides that specified provisions do not apply to vendors or contracts providing for Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) benefits, Supplemental Nutrition Assistance Program (SNAP) benefits, or Medicaid benefits. Senate Floor Amendment No. 1 Deletes reference to: 30 ILCS 500/50-14.6 new 30 ILCS 500/50-60 820 ILCS 115/14 Adds reference to: 305 ILCS 5/14-12 Replaces everything after the enacting clause. Amends the Hospital Services Trust Fund Article of the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services to establish a health care transformation program that shall be supported by the transformation funding pool. Provides that it is the intention of the General Assembly that innovative partnerships funded by the pool must be designed to establish or improve integrated health care delivery systems that will provide significant access to the Medicaid and uninsured populations in their communities, as well as improve health care equity. Provides that during State fiscal years 2021 through 2027, the hospital and health care transformation program shall be supported by an annual transformation funding pool of up to $150,000,000, pending federal matching funds, to be allocated during the specified fiscal years for the purpose of facilitating hospital and health care transformation. Provides that funding agreements made in accordance with the transformation program shall be considered purchases of care under the Illinois Procurement Code and funds shall be expended by the Department in a manner that maximizes federal funding to expend the entire allocated amount. Contains provisions concerning the criteria for transformation proposals; entities eligible for funding under the transformation program; the process for submitting transformation projects; the Department's process for evaluating and approving transformation proposals; and other matters. Effective immediately.

Creates the Prescription Drug Pricing Transparency Act. Requires health insurers to disclose certain rate and spending information concerning prescription drugs and certain prescription drug pricing information to the Department of Public Health. Requires the Department and health insurers to create annual lists of prescription drugs on which the State spends significant health care dollars and for which costs have increased at a certain rate over time. Requires the Department and health insurers to provide their lists to the Attorney General. Requires prescription drug manufacturers to notify the Attorney General if they are introducing a new prescription drug at a wholesale acquisition cost that exceeds the threshold set for a specialty drug under the Medicare Part D program. Amends the Illinois Insurance Code. Requires a group or individual policy of accident and health insurance that provides coverage for prescription drugs to apply the same cost-sharing requirements to interchangeable biological products as apply to generic drugs under the policy. Amends the Pharmacy Practice Act. Provides that when a pharmacist receives a prescription for a biological product, the pharmacist shall select the lowest priced interchangeable biological product (rather than allowing a pharmacist to substitute an interchangeable biological product only if certain requirements are met). Requires that when a pharmacist receives a prescription from a Medicaid recipient, the pharmacist shall select the preferred drug or biological product from the State's preferred drug list. Makes other changes. Makes conforming changes in the Freedom of Information Act. Effective immediately. House Committee Amendment No. 1 Deletes reference to: 215 ILCS 5/356z.33 225 ILCS 85/16d new 225 ILCS 85/19.5 225 ILCS 85/19.7 new 225 ILCS 85/25 225 ILCS 85/41 Removes the provisions amending the Illinois Insurance Code and the Pharmacy Practice Act. State Mandates Fiscal Note, House Committee Amendment No. 1 (Dept. of Commerce & Economic Opportunity) This bill does not create a State mandate. Senate Floor Amendment No. 3 Deletes reference to: New Act 5 ILCS 140/7.5 Adds reference to: 625 ILCS 57/33 new 625 ILCS 57/Act title 625 ILCS 57/1 625 ILCS 57/5 625 ILCS 57/10 625 ILCS 57/15 625 ILCS 57/20 625 ILCS 57/25 625 ILCS 57/30 625 ILCS 57/32 625 ILCS 57/34 Replaces everything after the enacting clause. Reenacts the Transportation Network Providers Act. Provides for the continuation and validation of the Act, and extends the repeal to June 1, 2021. Effective immediately.

Creates the Racial Impact Note Act. Provides that every bill which has or could have a disparate impact on racial and ethnic minorities, upon the request of any member, shall have prepared for it, before second reading in the house of introduction, a brief explanatory statement or note that shall include a reliable estimate of the anticipated impact on those racial and ethnic minorities likely to be impacted by the bill. Specifies the contents and provides for the preparation of each racial impact note. Amends the State Officials and Employees Ethics Act. Prohibits racial discrimination and harassment by State officers and employees. Provides that each State officer and employee shall annually complete a racial bias, discrimination, and harassment training program approved by the appropriate jurisdictional authority. Expands the jurisdiction of the Executive Ethics Commission to include allegations of racial discrimination and harassment by persons registered under the Lobbyist Registration Act. Provides that the personnel policies of units of local government shall prohibit racial discrimination and harassment. Defines "racial discrimination and harassment". Provides for rulemaking, including emergency rulemaking. Amends the Secretary of State Act. Provides the Secretary of State's Inspector General with jurisdiction to investigate complaints of racial discrimination and harassment by persons registered under the Lobbyist Registration Act. Amends the Lobbyist Registration Act. Prohibits racial discrimination and harassment by persons registered under the Lobbyist Registration Act. Provides that each registered lobbyist shall annually complete a racial bias, discrimination, and harassment training program approved by the Secretary of State. Defines "racial discrimination and harassment". Amends the Illinois Human Rights Act. Requires the Department of Human Rights to establish a racial discrimination and harassment hotline for the anonymous reporting of racial discrimination and harassment in both public and private places of employment, and to provide for reporting by both telephone and Internet. Amends the Illinois Administrative Procedure Act to provide for emergency rulemaking. Effective immediately. House Committee Amendment No. 1 Deletes reference to: New Act 5 ILCS 100/5-45 5 ILCS 430/5-5 5 ILCS 430/5-10.10 new 5 ILCS 430/5-70 new 5 ILCS 430/50-5 5 ILCS 430/70-5 15 ILCS 305/14 25 ILCS 170/4.8 new 25 ILCS 170/5 25 ILCS 170/10 775 ILCS 5/2-108 new Adds reference to: 20 ILCS 4085/1 Replaces everything after the enacting clause. Amends the Commission to Study Disproportionate Justice Impact Act. Makes a technical change to a Section concerning the short title.

Amends the Illinois Educational Labor Relations Act. Removes language concerning impasse procedures involving an educational employer whose territorial boundaries are coterminous with those of a city having a population in excess of 500,000. Repeals provisions concerning subjects of collective bargaining with that educational employer. Effective immediately. State Mandates Fiscal Note (Dept. of Commerce & Economic Opportunity) This bill does not create a State mandate. Home Rule Note (Dept. of Commerce & Economic Opportunity) This bill does not pre-empt home rule authority. Fiscal Note (IL Educational Labor Relations Board) This bill is not expected to have any measurable fiscal impact on the Illinois Educational Labor Relations Board.

Amends the Election Code. Provides for the election of the Chicago Board of Education at the general primary election in 2020 only as a nonpartisan election on a separate ballot. Provides that a member of the Chicago Board of Education shall be elected at each consolidated election thereafter. Makes related changes. Amends the Chicago School District Article of the School Code. Provides that a person shall be a U.S. citizen and registered voter and shall have been a resident of the city and the electoral district for at least one year immediately preceding his or her election. Sets forth provisions concerning nominating petitions and ballots. Sets forth provisions providing that the City of Chicago shall be subdivided into 20 electoral districts by the General Assembly for seats on the Chicago Board of Education. Sets forth provisions providing that in the year following each decennial census, the General Assembly shall redistrict the electoral districts to reflect the results of each decennial census. Makes other changes. Effective immediately. House Committee Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Provides for the election of the Chicago Board of Education for the 2023 and 2027 consolidated primary elections only (rather than beginning with the 2020 general primary election only as a nonpartisan election on a separate ballot and each consolidated election thereafter). Provides that no later than June 30, 2029, the General Assembly must review and revise the election of members of the Chicago Board of Education and if the General Assembly has not reauthorized the election of members of the Chicago Board of Education by June 30, 2029, then, on May 13, 2031, the terms of all members elected in 2027 shall end, and a new Chicago Board of Education consisting of 7 members shall be appointed by the Mayor. Makes conforming changes. Provides that, beginning on May 9, 2023 (rather than March 24, 2020) and until May 13, 2031, successors of the Inspector General for the Chicago school district shall be appointed by the school board instead of the Mayor. Effective immediately.

Amends the Criminal and Traffic Assessment Act. Makes a technical change in a Section concerning the short title. House Floor Amendment No. 1 Deletes reference to: 705 ILCS 135/1-1 Adds reference to: 705 ILCS 35/1 from Ch. 37, par. 72.1 705 ILCS 35/2a from Ch. 37, par. 72.2a 705 ILCS 35/2f-12 new Replaces everything after the enacting clause. Amends the Circuit Courts Act. Divides the 6th judicial circuit into the 6th and 24th judicial circuits on December 7, 2020. Provides that the 6th circuit shall consist of the county of Champaign, and the 24th circuit shall consist of the counties of Douglas, Moultrie, Macon, DeWitt and Piatt. Provides that of the 5 circuit judges elected in the 6th circuit before the 2020 general election, the Supreme Court shall assign 3 to the 6th circuit and 2 to the 24th circuit, based on the residency of the circuit judges then holding those judgeships. Provides that an individual seeking election or retention during the 2020 general election to one of the 6 at large judgeships assigned to the 6th circuit shall seek election or retention solely within the boundaries of Champaign County, and an individual seeking election or retention during the 2020 general election to one of the 2 at large judgeships assigned to the 24th circuit shall seek election or retention solely within the boundaries of DeWitt, Douglas, Macon, Moultrie, and Piatt counties. Provides that the resident judgeships elected in the counties of Macon, Moultrie, Douglas, and DeWitt shall become a resident judgeship of his or her specified county in the 24th circuit on December 7, 2020. Provides that before December 7, 2020, the Supreme Court shall allocate: the associate judgeships of the 6th circuit between the 6th and 24th circuits; and personnel, books, records, documents, property, funds, assets, liabilities, and pending matters concerning the 6th circuit between the 6th and 24th circuits. Makes corresponding changes. Effective immediately. House Floor Amendment No. 2 Provides that the one resident judgeship elected from Moultrie County and Piatt County (rather than 2 resident judgeships elected from Moultrie County) shall become a resident judgeship of his or her specified county in the 24th circuit on December 7, 2020. Balanced Budget Note, House Floor Amendment No. 1 (Office of Management and Budget) The Balanced Budget Note Act does not apply to House Bill 97 (H-AM 1) 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. Balanced Budget Note, House Floor Amendment No. 2 (Office of Management and Budget) The Balanced Budget Note Act does not apply to House Bill 97 (H-AM 2) 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. Pension Note, House Floor Amendment No. 1 (Government Forecasting & Accountability) HB 97 (H-AM 1) would not impact any public pension fund or retirement system in Illinois. Pension Note, House Floor Amendment No. 2 (Government Forecasting & Accountability) HB 97 (H-AM 2) would not impact any public pension fund or retirement system in Illinois. State Debt Impact Note, House Floor Amendment No. 1 (Government Forecasting & Accountability) HB 97 (H-AM 1) would not change the amount of authorization for any type of State-issued bond, and, therefore, would not affect the level of State indebtedness. State Debt Impact Note, House Floor Amendment No. 2 (Government Forecasting & Accountability) HB 97 (H-AM 2) would not change the amount of authorization for any type of State-issued bond, and, therefore, would not affect the level of State indebtedness. Correctional Note, House Floor Amendment No. 1 (Dept of Corrections) There is no fiscal or population impact on the Department of Corrections Correctional Note, House Floor Amendment No. 2 (Dept of Corrections) There is no fiscal or population impact on the Department of Corrections Land Conveyance Appraisal Note, House Floor Amendment No. 1 (Dept. of Transportation) No land conveyances are included this legislation; therefore, there are no appraisals to be filed. Land Conveyance Appraisal Note, House Floor Amendment No. 2 (Dept. of Transportation) No land conveyances are included this legislation; therefore, there are no appraisals to be filed. Senate Floor Amendment No. 2 Deletes reference to: 705 ILCS 35/1 from Ch. 37, par. 72.1 705 ILCS 35/2a from Ch. 37, par. 72.2a 705 ILCS 35/2f-12 new Adds reference to: 705 ILCS 5/11 from Ch. 37, par. 16 Replaces everything after the enacting clause. Amends the Supreme Court Act. Provides that the office of marshal for the Supreme Court may also employ court security officers. Subjects such a court security officer hired by the marshal to the same training requirements and authorizes a court security officer to arrest in the same manner as a court security officer hired by a county sheriff. Allows a court security officer to carry a weapon at his or her place of employment and to and from his or her place of employment. Effective immediately.

Creates the Workplace Transparency Act. Provides that an employer shall not enter into a contract or agreement with an employee or applicant if that contract or agreement contains a nondisclosure or nondisparagement clause or forced arbitration clause that covers workplace harassment or discrimination, including sexual harassment or retaliation for reporting, resisting, opposing, or assisting in the investigation of workplace harassment or discrimination. Makes corresponding changes in the Uniform Arbitration Act, the Illinois Human Rights Act, and the Illinois Freedom to Work Act. Changes the definition of "sexual harassment" in the State Officials and Employees Ethics Act and the Lobbyist Registration Act. Amends the Code of Civil Procedure. Provides that no court shall enter an order or judgment that has the purpose or effect of concealing a public hazard or any information concerning a public hazard, nor shall the court enter an order or judgment that has the purpose or effect of concealing any information that may be useful to members of the public in protecting themselves from injury that may result from the public hazard. Further amends the Illinois Human Rights Act. Requires the Department of Human Rights to adopt a model sexual harassment prevention training program and provides that all employers shall use the model or establish a training program that equals or exceeds the minimum standards provided by the model. Makes other changes concerning: definitions; procedures following an employer's failure to post required notices; and employer disclosure requirements. Amends the Victims' Economic Security and Safety Act. Makes the Act applicable in instances of sexual harassment. Provides that a civil action may be brought to enforce the Act without first filing an administrative complaint. Makes other changes concerning definitions and documentation. Effective immediately. Senate Floor Amendment No. 1 Deletes reference to: 5 ILCS 430/5-65 25 ILCS 170/4.7 735 ILCS 5/2-302 new 775 ILCS 5/5A-101 820 ILCS 90/20 new 820 ILCS 180/35 Adds reference to: 5 ILCS 140/7 from Ch. 116, par. 207 775 ILCS 5/1-103 from Ch. 68, par. 1-103 775 ILCS 5/2-102 from Ch. 68, par. 2-102 775 ILCS 5/8-109.1 new 5 ILCS 140/7.5 Replaces everything after the enacting clause. Creates the Workplace Transparency Act. Provides provisions for: prohibitions; voidable agreements; unconscionable terms; settlement or separation agreements; enforcement; application; limitations; and severability. Makes conforming changes in the Uniform Arbitration Act. Amends the Illinois Human Rights Act. Provides that it is a civil rights violation for an employer to engage in: harassment; harassment of nonemployees in the workplace; and sexual harassment of nonemployees in the workplace. Provides that beginning July 1, 2020, each employer shall disclose specified information to the Department of Human Rights. Provides that the Department shall produce a model sexual harassment prevention training program aimed at the prevention of sexual harassment in the workplace. Provides provisions for: civil penalties; failure to report; and failure to train. Makes conforming changes in the Freedom of Information Act and the Victims' Economic Security and Safety Act. Creates the Stopping Predators from Evading Allegations of Abuse of Kids Act. Provides provisions for: prohibition on sexual abuse of children in youth sports; required reporting of child and sexual abuse in youth sports; posting of rights by youth recreational athletic entity; and enforcement. Creates the Sexual Harassment Victim Representation Act. Provides that in any proceeding in which a victim who is a member of a union has accused a perpetrator who is a member of the same union, the victim and the perpetrator may not be represented in the proceeding by the same union representative. House Committee Amendment No. 1 Deletes reference to: New Act 5 ILCS 140/7.5 710 ILCS 5/1 from Ch. 10, par. 101 775 ILCS 5/1-103 from Ch. 68, par. 1-103 775 ILCS 5/2-101 from Ch. 68, par. 2-101 775 ILCS 5/2-102 from Ch. 68, par. 2-102 775 ILCS 5/2-108 new 775 ILCS 5/6-102 775 ILCS 5/7-114 new 775 ILCS 5/8-109.1 new 820 ILCS 180/10 820 ILCS 180/15 820 ILCS 180/20 820 ILCS 180/25 820 ILCS 180/30 820 ILCS 180/45 Adds reference to: 735 ILCS 5/1-101 from Ch. 110, par. 1-101 Replaces everything after the enacting clause. Amends the Code of Civil Procedure. Makes a technical change in the short title Section.

Creates the Illinois Student Loan Investment Act. Provides for the establishment, operation, and administration of the Student Investment Account by the State Treasurer. Provides that the State Treasurer shall establish fees to cover the costs of administration, recordkeeping, marketing, and investment management related to the Student Investment Account. Provides that the State Treasurer may charge and collect insurance premiums and deduct wages under the Act. Requires the State Treasurer to develop, publish, and implement one or more investment policies covering the investment of moneys under the Act. Provides for the creation and use of specified Funds to be held outside of the State Treasury with the State Treasurer as custodian. Provides for the adoption of rules. Amends the Deposit of State Moneys Act. Allows the State Treasurer to invest or reinvest State money in, among other items or purposes, investments made in accordance with the Student Loan Investment Act. Amends the Student Loan Servicing Rights Act. Provides that the term "student loan servicer" shall not include, among other entities, the State Treasurer and its agents when the agents are acting on the State Treasurer's behalf. Defines terms. Effective immediately. Fiscal Note (Office of the Treasurer) The Treasurer's Office projects that $150,000 will be needed for additional staff and related operational expenses to oversee and implement the Student Loan Investment program, the cost of which is expected to be paid for from the Treasurer's Administrative Fund, which receives revenue from investment earnings. The program should become self-sustaining when investment earnings and administrative fees are earned to cover operational and administration costs. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. Creates the Student Investment Account Act (currently, the Student Loan Investment Act). Adds a provision concerning the use of earnings from the Student Investment Account. Modifies provisions concerning the establishment, operation, and administration of the Student Investment Account by the State Treasurer, and adds requirements concerning income share agreements and income share agreement providers. Allows the State Treasurer to enter into income share agreements with participants (currently, borrowers) and to facilitate such arrangements between participants and eligible income share agreement providers (currently, lenders). Provides that the State Treasurer or his or her designee (currently, only State Treasurer) may charge and collect insurance premiums under the Act. Provides for the creation and use of specified Funds as non-appropriated separate and apart trust funds in the State Treasury (currently, Funds to be held outside of the State Treasury with the State Treasurer as custodian). Amends the Student Loan Servicing Rights Act. Provides that the term "student loan servicer" shall not include, among other entities, the State Treasurer (currently, the State Treasurer and its agents when the agents are acting on the State Treasurer's behalf). Modifies and defines terms. Makes other changes. Effective immediately. Senate Floor Amendment No. 2 Provides that "student loan servicer" or "servicer" includes persons or entities acting on behalf of the State Treasurer.