Sen. Napoleon Harris

Amends the Abraham Lincoln Presidential Library and Museum Act. Provides that the Abraham Lincoln Presidential Library and Museum Act, to the extent that there is a conflict between the provisions of Executive Order 2017-1 and the Act, supersedes the Executive Order, and shall be controlling. Provides that the position of State Historian is now an honorary position, and specifies new duties of the honorary State Historian. Transfers previously held duties and requirements of the State Historian under the Act to the Abraham Lincoln Presidential Library and Museum and its Executive Director. Removes provision requiring the Abraham Lincoln Presidential Library and Museum and the Abraham Lincoln Presidential Library Foundation to mutually cooperate to establish a working group for specified purposes. Removes provision allowing the Executive Director of the Abraham Lincoln Presidential Library and Museum to have hiring and appointing power over specified personnel. Repeals the State Historical Library Act. Repeals the Illinois Sesquicentennial of the American Civil War Commission Act. Makes conforming changes concerning the State Historian. Senate Committee Amendment No. 1 Adds reference to: 20 ILCS 3475/20 Replaces everything after the enacting clause. Amends the Abraham Lincoln Presidential Library and Museum Act. Provides that the Abraham Lincoln Presidential Library and Museum Act, to the extent that there is a conflict between the provisions of Executive Order 2017-1 and the Act, supersedes the Executive Order, and shall be controlling. Provides that the Governor in consultation with the Board of Trustees of the Abraham Lincoln Presidential Library and Museum and the Illinois Historical Society shall appoint the Illinois State Historian (currently, appointed by the Executive Director of the Abraham Lincoln Presidential Library and Museum). Provides for qualifications and term requirements of the Illinois State Historian. Transfers previously held duties and requirements of the State Historian under the Act to the Abraham Lincoln Presidential Library and Museum and its Executive Director. Removes provision requiring the Abraham Lincoln Presidential Library and Museum and the Abraham Lincoln Presidential Library Foundation to mutually cooperate to establish a working group for specified purposes. Removes provision allowing the Executive Director of the Abraham Lincoln Presidential Library and Museum to have hiring and appointing power over specified personnel. Repeals the State Historical Library Act. Repeals the Illinois Sesquicentennial of the American Civil War Commission Act. Makes conforming changes.

Amends the Use Tax Act and the Retailers' Occupation Tax Act. Provides that, on and after January 1, 2023, returns for motor vehicles, watercraft, aircraft, and trailers that are required to be registered with an agency of the State are required to be filed electronically. House Committee Amendment No. 1 Deletes reference to: 35 ILCS 105/9 from Ch. 120, par. 439.9 35 ILCS 120/3 from Ch. 120, par. 442 Adds reference to: 35 ILCS 200/Art. 10 Div. 21 heading new 35 ILCS 200/10-800 new Replaces everything after the enacting clause. Amends the Property Tax Code. Provides that certain property located in Bloom, Bremen, Calumet, Rich, Thornton, or Worth Township may be certified as southland reactivation property. Provides that, beginning with the first tax year after the property is certified as southland reactivation property and continuing through the twelfth tax year after the property is certified as southland reactivation property, the property shall be valued at 50% of the base year equalized assessed value. Provides that the base year is the last tax year prior to the date of the application for southland reactivation designation during which the property was occupied and assessed and had an equalized assessed value. Sets forth the maximum aggregate tax liability for property that has been certified as southland reactivation property. Effective immediately.

Creates the Student Debt Assistance Act. Prohibits an institution of higher learning or a public or private entity that provides academic transcripts from (i) withholding academic transcripts from a current or former student because the student owes a debt to the institution, (ii) conditioning the provision of an academic transcript on the payment of a debt, other than a fee charged to provide the transcript, (iii) charging a higher fee to obtain an academic transcript or providing less favorable treatment of a request for an academic transcript because a current or former student owes a debt, or (iv) using academic transcript issuance as a tool for debt collection. Beginning with the 2022-2023 academic year, requires an institution of higher learning to make a good faith effort to offer a debt repayment plan to any student who owes a debt of $250 or more to the institution. Sets forth provisions concerning the debt repayment plan and enrollment procedures. Effective immediately. Senate Floor Amendment No. 1 Replaces everything after the enacting clause. Creates the Student Debt Assistance Act. Prohibits an institution of higher education from refusing to provide an unofficial transcript to a current or former student on the grounds that the student owes a debt; conditioning the provision of an unofficial transcript on the payment of a debt, other than a fee charged to provide the transcript; or charging a higher fee for obtaining an unofficial transcript or providing less favorable treatment of a request for an unofficial transcript because a current or former student owes a debt. Provides that an institution of higher education (1) must provide an official transcript of a current or former student to a current or potential employer, even if the current or former student owes a debt; (2) may not condition the provision of an official transcript to a current or potential employer on the payment of a debt, other than a fee charged to provide the transcript; and (3) may not charge a higher fee for transferring an official transcript to a current or potential employer or provide less favorable treatment for such a request because a current or former student owes a debt. Beginning with the 2022-2023 school year, requires every institution of higher education to have a policy instituting a financial or physical hardship withdrawal process; sets forth requirements concerning the process. Provides that if an institution of higher education chooses to send a current or former student's past due debt to a debt collection agency, the past due debt may not be reported to any credit reporting agencies or used against that student in a credit report or credit score. Effective immediately. House Floor Amendment No. 2 Provides that if an institution of higher education chooses to send a current or former student's past due debt to a debt collection agency, the past due debt may not be reported to any credit reporting agencies, except as provided by federal law (instead of may not be reported to any credit reporting agencies or used against that student in a credit report or credit score).

Amends the Illinois Insurance Code. In provisions concerning confidential treatment of documents, materials, or other information in the possession or control of the Department of Insurance and provisions concerning confidential treatment of information obtained in the course of an examination, provides that the Director of Insurance may only share confidential and privileged documents, material, or information with the Illinois Insurance Guaranty Fund regarding any member company if the Director determines that the member company may be subject to a future delinquency proceeding. Provides that the Director may disclose the information so long as the Fund agrees in writing to hold that information confidential and uses that information to prepare for the possible liquidation of the member company. Provides that access to the information disclosed by the Director to the Fund shall be limited to the Fund's staff and its counsel. Provides that the board of directors of the Fund may have access to the information disclosed by the Director to the Fund once the member company is subject to a delinquency proceeding subject to any terms and conditions established by the Director. In provisions concerning prevention of insolvencies, provides that the Director may disclose specified information to the Fund and the Fund may use that information to prepare for the possible liquidation of a member company subject to specified requirements and restrictions. Effective immediately. Senate Committee Amendment No. 1 Provides that the Director of Insurance may only share confidential and privileged documents, material, or information reported pursuant to specified provisions with the Illinois Insurance Guaranty Fund regarding any member company if the member company has an authorized control level event (rather than if the Director determines that the member company may be subject to a future delinquency proceeding). Provides that nothing contained in the Illinois Insurance Code shall prevent or be construed as prohibiting the Director from disclosing specified information to the Illinois Insurance Guaranty Fund regarding any member company if the member company has an authorized control level event (rather than if the Director determines that the member company may be subject to a future delinquency proceeding).

Amends the Criminal Identification Act. Provides that notwithstanding a positive test for the presence of cannabis within the petitioner's body from a drug test taken within 30 days before the filing of the petition for expungement or sealing or the failure of the petitioner to take such test, the petitioner may petition for the sealing or expungement of his or her felony records for a violation of the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or the Cannabis Control Act or felony records of a qualified probation for a felony drug offense. Defines "cannabis" and "felony drug offense". House Floor Amendment No. 1 Replaces everything after the enacting clause. Amends the Criminal Identification Act. Provides that, notwithstanding any other provision of law, the court shall not deny a petition for expungement or sealing because the petitioner has submitted a drug test taken within 30 days before the filing of the petition for expungement or sealing that indicates a positive test for the presence of cannabis within the petitioner's body. Defines "cannabis".

Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that in order to maximize the accessibility of preventive prenatal and perinatal health care services, the Department of Healthcare and Family Services shall amend its managed care contracts such that an managed care organization must pay for preventive prenatal and perinatal healthcare services rendered by a non-affiliated provider, for which the health plan would pay if rendered by an affiliated provider, at the same rate the Department would pay for such services exclusive of disproportionate share payments and Medicaid percentage adjustments, unless a different rate was agreed upon by the health plan and the non-affiliated provider. Effective January 1, 2023. House Committee Amendment No. 2 Adds reference to: 210 ILCS 170/5 210 ILCS 170/25 Replaces everything after the enacting clause. Reinserts the provisions of the bill as amended by Senate Amendment No. 1 with the following changes. Amends the Birth Center Licensing Act. Provides that a licensed certified professional midwife may attend or be delegated to attend to each person in labor from the time of admission through birth and throughout the immediate postpartum period. Defines "licensed certified professional midwife". Makes a conforming change. Effective January 1, 2023. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes: Further amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that a managed care organization must pay for preventative prenatal services, perinatal healthcare services, and postpartum services rendered by a non-affiliated provider, for which the health plan would pay if rendered by an affiliated provider, at the rate paid (rather than at no less than the rate paid) under the Illinois Medicaid fee-for-service program methodology for such services. Provides that, in cases where a managed care organization must pay for preventive prenatal services, perinatal healthcare services, and postpartum services rendered by a non-affiliated provider, the payment rate requirements under the amendatory Act shall not apply if the services were not emergency services, as defined in a specified provision of the Code, and: (1) the non-affiliated provider is a perinatal hospital and has, within the 12 months preceding the date of service, rejected a contract that was offered in good faith by the health plan as determined by the Department of Healthcare and Family Services; or (2) the health plan has terminated a contract with the non-affiliated provider for cause, and the Department has not deemed the termination to have been without merit. Provides that the Department may deem that a determination for cause has merit if: (i) an institutional provider has repeatedly failed to conduct discharge planning; or (ii) the provider's conduct adversely and substantially impacts the health of Medicaid patients; or (iii) the provider's conduct constitutes fraud, waste, or abuse; or (iv) the provider's conduct violates the code of ethics governing his or her profession. Effective January 1, 2023.

Amends the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. In a provision requiring training for registered employees of a private detective agency within 30 days of their employment, specifies that the training may be classroom-based or online Internet-based and removes certain topics that must be included in that training. Provides that registered employees of a private detective agency and private detectives shall complete an additional 8 hours of annual training each calendar year. Provides that private security contractors shall complete an additional 4 hours of annual training each calendar year. Provides that classroom basic training for private security contractors may be provided in a classroom setting or may be Internet-based online or other supervised computerized training. Provides that if a private security contractor owns or is employed by a private security contractor agency, the private security contractor agency shall maintain a record of the annual training and must make the record of annual training available to the Department of Financial and Professional Regulation upon request. Provides that a licensee applying for a firearm control card must complete a firearm training course consisting of 48 hours (rather than 40 hours) of training. Provides that a licensee or employee in possession of a valid firearm control card shall complete an additional 8 hours of refresher training each calendar year. Requires that commercial or industrial operations that employ one or more persons (rather than 5 or more persons) shall register their security forces with the Department and that registration subjects the security force to certain requirements. Makes other changes. Amends the Criminal Code of 2012 to make conforming changes. House Floor Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: In provisions amending the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004, provides that training for registered employees of a private detective agency, private detectives, and private security contractors may be provided in a classroom or seminar setting or via Internet-based online learning programs (rather than in a classroom setting or may be Internet-based online or other supervised computerized training); provides that the original form or a copy (rather than the form) that certifies that the employee successfully completed basic and annual training shall be placed in the employee's file with the employer for the period the employee remains with the employer (and makes conforming changes); and makes other changes. In provisions amending the Criminal Code of 2012, removes language that provides that specified provisions concerning the unlawful use of a weapon do not apply to an athlete's possession, transport on official Olympic and Paralympic transit systems established for athletes, or use of competition firearms sanctioned by the International Olympic Committee, the International Paralympic Committee, the International Shooting Sport Federation, or USA Shooting in connection with such athlete's training for and participation in shooting competitions at the 2016 Olympic and Paralympic Games and sanctioned test events leading up to the 2016 Olympic and Paralympic Games; specifies that, for certain security guards, 20 hours of training for a security officer and 28 (rather than 20) hours of firearm training are required to qualify for an exemption; and makes conforming changes. Senate Floor Amendment No. 1 Deletes reference to: 225 ILCS 447/5-10 225 ILCS 447/15-25 225 ILCS 447/20-20 225 ILCS 447/25-20 225 ILCS 447/35-40 720 ILCS 5/24-2 Adds reference to: New Act Replaces everything after the enacting clause. Creates the Health Insurance Coverage Premium Misalignment Study Act. Sets forth provisions concerning the purpose of the Act and findings. Provides that the Department of Insurance shall oversee a study to explore rate setting approaches that may yield a misalignment of premiums across different tiers of coverage in Illinois' individual health insurance market. Provides that the study shall produce cost estimates for Illinois residents addressing metal-level premium misalignment policy along with the impact of the policy on health insurance affordability and access and the uninsured rates for low-income and middle-income residents, with break-out data by geography, race, ethnicity, and income level. Provides that the study shall evaluate how premium realignment if implemented would affect costs and outcomes for Illinoisans. Provides that the Department shall develop and submit, no later than January 1, 2024, a report to the General Assembly and the Governor concerning the design, costs, benefits, and implementation of premium realignment to increase affordability and access to health care coverage that leverages existing State infrastructure.

Amends the Collegiate Athletic Association Compliance Enforcement Procedures Act. Makes a technical change in a Section concerning the short title. House Floor Amendment No. 1 Deletes reference to: 110 ILCS 25/1 Adds reference to: 110 ILCS 190/5 110 ILCS 190/10 110 ILCS 190/15 110 ILCS 190/20 110 ILCS 190/22 new 110 ILCS 190/25 Replaces everything after the enacting clause. Amends the Student-Athlete Endorsement Rights Act. Permits a student athlete to retain an agent (instead of certified agent) for any matter or activity relating to compensation for the use of the name, image, likeness, or voice of the student athlete while enrolled at a postsecondary educational institution. Requires a student athlete to provide the postsecondary educational institution with written notice and a copy of any agreement entered into for professional representation in a manner and time prescribed by the institution (rather than within 7 days). Requires a student athlete to provide to the postsecondary educational institution any written contract for publicity rights in a manner and at a time prescribed by the institution (rather than prior to the execution of the agreement and before any compensation is provided to the student athlete). Provides that compensation for a student athlete's name, image, likeness, or voice shall not be conditioned on the athletic performance (rather than performance or attendance) at a particular postsecondary educational institution. Provides that a postsecondary educational institution is not required to directly or indirectly identify, create, facilitate, arrange, negotiate, or otherwise enable opportunities for a prospective or current student athlete to enter into a publicity rights agreement with a third party (instead or prohibiting a postsecondary educational institution from directly or indirectly arranging for a third party to provide compensation to, or entering into a publicity rights agreement with, a prospective or current student athlete). Adds a provision encouraging postsecondary educational institutions to provide financial literacy, brand management, and life skills programming designed for student athletes. Makes other changes.

Amends the Unified Code of Corrections. Provides that each institution or facility of the Department of Corrections shall hire a reentry specialist to assist with the reentry of offenders into the community. Provides that the Department shall by rule provide for the duties and responsibilities of reentry specialists.

Amends the Illinois Insurance Code. In provisions concerning uninsured motor vehicle coverage, provides that no motor vehicle insurance policy shall be renewed, delivered, or issued in the State unless coverage is made available in the amount of the cash value of the motor vehicle or the limit for uninsured motor vehicle property damage (rather than $15,000), whichever is less. In provisions concerning fraud reporting, provides that the Director of Insurance may request an insurer to report factual information that is pertinent to suspected insurance fraud after a determination that the information is necessary to detect fraud or arson. Removes language providing that the Director is authorized to establish fraud reporting requirements by rule. In provisions concerning standard non-forfeiture for individual deferred annuities, changes an interest rate to 0.15% (rather than 1%). Sets forth provisions concerning availability of information on qualified health plans. In provisions concerning refunds, penalties, and collection, provides that the Department of Insurance shall deposit an amount of cash refunds approved by the Director (rather than an amount calculated by using an annual percentage) into the Insurance Premium Tax Refund Fund. Repeals a provision concerning preexisting condition exclusions. Makes other changes. Makes conforming changes in the Health Maintenance Organization Act, the Limited Health Service Organization Act, and the Voluntary Health Services Plans Act. Amends the Illinois Health Insurance Portability and Accountability Act. Provides that no health insurance coverage issued, amended, delivered, or renewed on or after the effective date of the amendatory Act may impose any preexisting condition exclusion with respect to the plan or coverage. Removes language concerning preexisting condition exclusion limitations. Amends the Workers' Compensation Act. In provisions concerning decisions of the Industrial Commission, provides that the State of Illinois shall not be required to file a bond to secure payment of an award for payment of money and the costs of proceedings in the court to authorize the circuit court to issue summons. Amends the Unemployment Insurance Act. Provides that the Director may make available to the Department of Insurance information regarding employers for the purpose of verifying insurance coverage. Effective immediately. House Committee Amendment No. 1 Deletes reference to: 215 ILCS 5/155.23 Adds reference to: 20 ILCS 4005/8.5 20 ILCS 4005/8.6 215 ILCS 5/35B-30 215 ILCS 5/143 from Ch. 73, par. 755 215 ILCS 5/408 from Ch. 73, par. 1020 215 ILCS 5/416 820 ILCS 310/19 from Ch. 48, par. 172.54 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Removes provisions concerning fraud reporting. Amends the Illinois Motor Vehicle Theft Prevention and Insurance Verification Act. Provides that before April 1 of each year, each insurer engaged in writing private passenger motor vehicle insurance coverage may collect and shall pay (rather than shall collect and remit) to the Department of Insurance specified amounts determined by the Illinois Law Enforcement Training Board for deposit into the State Police Training and Academy Fund and the Law Enforcement Training Fund. Further amends the Illinois Insurance Code. Sets forth filing fees and charges. Provides that the Director shall charge and collect the sum of $40 (rather than $20) for any service of process on the Director as attorney. In provisions concerning the Illinois Workers' Compensation Commission Operations Fund surcharges, provides that when a company fails to pay the full amount of any annual Illinois Workers' Compensation Commission Operations Fund Surcharge of $100 or more, there shall be added to the amount due as a penalty an amount equal to 10% (rather than the greater of $1,000 or an amount equal to 5%) of the deficiency for each month or part of a month that the deficiency remains unpaid. Amends the Workers' Compensation Act and the Workers' Occupational Diseases Act. In provisions concerning decisions of the Illinois Workers' Compensation Commission, provides that the State Treasurer shall not be required to file a bond to secure the payment of an award and the costs of proceedings in court to authorize the court to issue summons for a fund administered by the State Treasurer ex officio. Makes other changes. Effective immediately.