Sen. Napoleon Harris

Amends the Illinois Aeronautics Act. Provides that the Division of Aeronautics of the Department of Transportation shall require the display of an MIA flag at any airport in its jurisdiction, either upon the same flag-staff as the United States national flag or otherwise. Effective immediately. House Floor Amendment No. 1 Changes the reference to the "MIA flag" to "POW/MIA flag". Provides that, if the POW/MIA flag is displayed on the same flagstaff as the United States flag, the POW/MIA flag shall fly immediately below the United States flag. Provides that, if the United States flag and a State flag or other flag or pennant is flown along with the POW/MIA flag on the same flagstaff, the order from top to bottom shall be: the United States flag, the POW/MIA flag, then the State flag or other flags, unless otherwise stipulated by the Flag Display Act.

Amends the Children and Family Services Act. Requires the Department of Children and Family Services, subject to appropriations, to provide eligible youth an apprenticeship stipend to cover those costs associated with entering an apprenticeship, including, but not limited to fees, tuition for classes, work clothes, rain gear, boots, and occupation-specific tools. Provide that the following youth shall be eligible for an apprenticeship stipend: youth for whom the Department has court-ordered legal responsibility; youth who aged out of care at age 18 or older; or youth formerly under care who have been adopted and were the subject of an adoption assistance agreement or who have been placed in private guardianship and were the subject of a subsidized guardianship agreement. Limits the stipend to eligible youth who: (i) are enrolled in an approved apprenticeship training program; (ii) are not a recipient of any other scholarship or fee waiver provided by the Department; and (iii) are under the age of 26. Provides that apprenticeship stipends shall be available to an eligible youth for a maximum of 5 years after the youth enrolls in a qualifying apprenticeship program. Waives the age requirement and 5-year cap on the stipend for applicants who were unable to enroll in a qualifying apprenticeship program because the applicant: (i) was called into active duty with the United States Armed Forces; (ii) was deployed for service in the United States Public Health Service Commissioned Corps; or (iii) volunteered in the Peace Corps or the AmeriCorps. Requires the Department to develop outreach programs to ensure qualifying youths are aware of the availability of the apprenticeship stipends. Effective January 1, 2020. Senate Floor Amendment No. 2 Provides that the Department of Children and Family Services shall provide eligible youth an apprenticeship stipend to cover those costs associated with entering and sustaining through completion an apprenticeship (rather than those costs associated with entering an apprenticeship), including, but not limited to fees, tuition for classes, work clothes, rain gear, boots, and occupation-specific tools. Provides that certain youth may (rather than shall) be eligible for the apprenticeship stipend. Provides that, to receive a stipend, an applicant must be enrolled in an apprenticeship training program approved or recognized by the Illinois Department of Employment Security or an apprenticeship program approved by the United States Department of Labor (rather than an apprenticeship training program approved or recognized by the Illinois Department of Employment Security or a similar federal entity). House Floor Amendment No. 2 Provides that youth for whom the Department of Children and Family Services has court-ordered legal responsibility, youth who aged out of care at age 18 or older, and youth formerly under care who have been adopted or who have been placed in private guardianship shall receive a tuition and fee waiver to assist them in attending and completing their post-secondary education at any community college, university, or college maintained by the State of Illinois (rather than providing that such youth shall receive a tuition and fee waiver if they are not selected to receive a scholarship or fee waiver under a specified provision of the Children and Family Services Act).

Amends the Illinois Procurement Code. Provides that the Capital Development Board and the Department of Transportation shall each, by rule, implement a pilot program under which select construction contracts shall contain provisions that if a subcontractor has performed in accordance with the provisions of the subcontract and the work has been accepted by the State agency, the State agency shall pay the subcontractor directly. Provides that the program shall be implemented by January 1, 2021. Amends the State Prompt Payment Act. Provides that certain provisions concerning payments to subcontractors do not apply to payments to a subcontractor for work performed under a subcontract entered into with a construction contractor if the contract contains a provision that the State agency shall pay the subcontractor directly. Senate Committee Amendment No. 1 Deletes reference to: 30 ILCS 500/20-120 Adds reference to: 30 ILCS 540/1 from Ch. 127, par. 132.401 Replaces everything after the enacting clause. Amends the State Prompt Payment Act. Modifies the term "a proper bill or invoice" to include the names of all subcontractors or subconsultants to be paid from the bill or invoice and the amounts due to each of them, if any. Requires contractors to pay each subcontractor and material supplier within 7 business days after receiving payment. Requires contractors to provide written notice of refusal to pay a subcontractor or material supplier electronically within 7 business days after receiving payment. Provides a penalty for a contractor's failure to provide payment to a subcontractor or material supplier electronically within 7 business days after receiving payment. Provides that on or before July 2021, the Department of Transportation shall publish on its website a searchable database that allows for queries by the name of a subcontractor or the pay item of each pay period such that each pay item is associated with either the prime contractor or a subcontractor. Makes conforming changes. Senate Floor Amendment No. 2 Deletes reference to: 30 ILCS 500/20-120 Adds reference to: 30 ILCS 540/1 from Ch. 127, par. 132.401 Replaces everything after the enacting clause. Amends the State Prompt Payment Act. Provides that on and after July 1, 2021, "a proper bill or invoice" also includes the names of all subcontractors or subconsultants to be paid from the bill or invoice and the amounts due to each of them, if any. Requires contractors to pay each subcontractor and material supplier, either electronically, within 7 business days after receiving payment, or if paid by a printed check, the printed check must be postmarked within 7 business days after receiving payment. Requires contractors to provide written notice of refusal to pay a subcontractor or material supplier within 7 business days after receiving payment. Provides a penalty for a contractor's failure to provide payment to a subcontractor or material supplier within 7 business days after receiving payment. Provides that on or before July 2021, the Department of Transportation shall publish on its website a searchable database that allows for queries by the name of a subcontractor or the pay item such that each pay item is associated with either the prime contractor or a subcontractor. Makes conforming changes. Senate Floor Amendment No. 3 Requires the Department of Transportation to publish on its website a searchable database that allows for queries for each active construction contract by the name of a subcontractor or the pay item such that each pay item is associated with either the prime contractor or a subcontractor (currently, queries for each active construction contract not required). House Floor Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill, and provides that when a contractor receives any payment, the contractor shall pay each subcontractor and material supplier electronically within 10 business days or 15 calendar days, whichever occurs earlier (as engrossed, payment required within 7 business days), or, if paid by a printed check, the printed check must be postmarked within 10 business days or 15 calendar days, whichever occurs earlier (as engrossed, postmark required within 7 business days), after receiving payment. Makes conforming changes. Fiscal Note, House Floor Amendment No. 1 (Dept. of Transportation) The changes to prompt pay will not add cost to current IDOT procedures. The query portal for the IDOT website will cost $100,000 to develop.

Amends the Property Tax Code. In a Section concerning the Senior Citizens Homestead Exemption, provides that in all counties (now, in counties with less than 3,000,000 inhabitants), the county board may by resolution provide that if a person has been granted a senior citizens homestead exemption, the person qualifying need not reapply for the exemption. Provides that the county recorder of deeds shall alert the assessor whenever the transfer of ownership of any property receiving a Senior Citizens Homestead Exemption has occurred. Provides that, if such a transfer occurs, the assessor shall remove the exemption and provide the new property owner with information concerning reapplication. Effective immediately. Senate Floor Amendment No. 1 Provides that the county assessor shall exchange information with the county recorder of deeds or the county clerk (in the introduced bill, the county recorder of deeds only) for the purpose of alerting the assessor whenever the transfer of ownership of any property receiving a Senior Citizens Homestead Exemption has occurred. Provides that changes in the introduced bill concerning reapplication for the Senior Citizens Homestead Exemption apply for taxable year 2019 and thereafter. House Committee Amendment No. 1 Deletes reference to: 35 ILCS 200/15-170 Adds reference to: 35 ILCS 5/205 from Ch. 120, par. 2-205 Replaces everything after the enacting clause. Amends the Illinois Income Tax Act. Makes changes concerning the calculation of base income for an organization that is exempt from the federal income tax by reason of the Internal Revenue Code. Effective immediately.

Amends the Civil Administrative Code of Illinois. Provides that, except as otherwise provided by law, no department shall deny an occupational or professional license based solely on the applicant's citizenship status or immigration status. Amends the Illinois Explosives Act to allow a person admitted for permanent residence to qualify for licensure. Amends the Illinois Plumbing License Law, the Water Well and Pump Installation Contractor's License Act, the Illinois Horse Meat Act, the Liquor Control Act of 1934, and the Safety Deposit License Act to remove references to United States citizenship as a prerequisite for licensure. Amends the Coal Mining Act to remove references to United States citizenship as a prerequisite and references to the ability to speak and understand the American Language. Makes other changes. Senate Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. In the Illinois Explosives Act, allows a person lawfully admitted for permanent residence (rather than a person admitted for permanent residence) to qualify for licensure. In the Coal Mining Act, restores references to United States citizenship and adds references to persons lawfully admitted for permanent residence. Adds an immediate effective date.

Amends the Illinois Insurance Code. In provisions concerning coverage for anesthetics provided in conjunction with dental care to an individual diagnosed with autism spectrum disorder, removes the requirement that anesthetics be provided by a dentist licensed under the Illinois Dental Practice Act and changes the age of the individual that treatment shall be covered to under age 26 (rather than under age 19). Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Illinois Insurance Code. In provisions concerning coverage for anesthetics provided in conjunction with dental care to an individual diagnosed with autism spectrum disorder, requires coverage for anesthetics provided by a physician licensed to practice medicine in all of its branches under the Medical Practice Act of 1987 and changes the age of the individual for which treatment shall be covered to under age 26 (rather than under age 19). House Floor Amendment No. 1 Replaces everything after the enacting clause. Amends the Illinois Insurance Code. In provisions concerning coverage for anesthetics provided in conjunction with dental care to an individual diagnosed with autism spectrum disorder, changes the age of the individual that treatment shall be covered to under age 26 (rather than under age 19).

Amends the Electronic Fund Transfer Act. Makes a technical change in a Section concerning powers and duties under the Act. House Committee Amendment No. 1 Deletes reference to: 205 ILCS 616/20 Adds reference to: New Act 5 ILCS 140/7.5 5 ILCS 375/6.11 215 ILCS 5/Art. XXXIIB heading new 215 ILCS 5/513b1 new 215 ILCS 5/513b2 new 215 ILCS 5/513b3 new 215 ILCS 5/513b4 new 215 ILCS 5/513b5 new 215 ILCS 5/513b6 new 215 ILCS 125/5-3 from Ch. 111 1/2, par. 1411.2 215 ILCS 134/30 215 ILCS 134/65 225 ILCS 85/42 new 305 ILCS 5/5-36 new Replaces everything after the enacting clause. Amends the Illinois Insurance Code. Provides that a contract between a health insurer and a pharmacy benefit manager must:(1) require the pharmacy benefit manager to update maximum allowable cost pricing information and maintain a process that will eliminate drugs from maximum allowable cost lists or modify drug prices to remain consistent with changes in pricing data; (2) prohibit the pharmacy benefit manager from limiting a pharmacist's ability to disclose the availability of a more affordable alternative drug; and (3) prohibit the pharmacy benefit manager from requiring an insured to make a payment for a prescription drug in an amount that exceeds the lesser of the applicable cost-sharing amount or the retail price of the drug. Contains provisions concerning the inclusion of prescription drugs on a maximum allowable cost list, State licensing requirements for pharmacy benefit managers, and other matters. Makes conforming changes to other Acts. Amends the Managed Care Reform and Patient Rights Act. Provides that a health care plan shall apply any third-party payments for prescription drugs. Makes changes to provisions concerning the denial of coverage for emergency services. Amends the Illinois Public Aid Code. Provides that the Department of Healthcare and Family Services may enter into a contract with any third party on a fee-for-service reimbursement model for the purpose of administering pharmacy benefits. Requires the Department to ensure coordination of care between the third-party administrator and managed care organizations as a consideration in any contracts established. Amends the Freedom of Information Act to exempt from disclosure certain information pharmacy benefits managers are required to provide under the Illinois Public Aid Code. Contains a severability provision. House Floor Amendment No. 2 Deletes reference to: 215 ILCS 134/65 Adds reference to: 5 ILCS 140/7 215 ILCS 134/10 Replaces everything after the enacting clause. Reinserts the provisions of House Amendment No. 1, but with the following changes: Further amends the Illinois Insurance Code. In a provision concerning contracts between health insurers and pharmacy benefit managers, provides that such contracts must require pharmacy benefit managers to: (1) update maximum allowable cost pricing information at least every 7 calendar days; (2) provide access to its maximum allowable cost list to each pharmacy or pharmacy services administrative organization, as defined, subject to the maximum allowable cost list; (4) provide a process by which a contracted pharmacy can appeal the provider's reimbursement for a drug subject to maximum allowable cost pricing; and other matters. Regarding a drug on the maximum allowable cost list, requires pharmacy benefits managers to ensure that: (i) if a drug is a generically equivalent drug, it is listed as therapeutically equivalent and pharmaceutically equivalent to certain rating standards; (ii) the drug is available for purchase by each pharmacy in the State from national or regional wholesalers operating in Illinois; and (ii) the drug is not obsolete (rather than requiring a drug to have at least 3 or more nationally available, therapeutically equivalent, multiple source generic drugs with a significant cost difference and be available for purchase without limitations by all pharmacies in the State from national or regional wholesalers). Permits the Director of Insurance to examine a pharmacy benefit manager's designee, representative, or other specified persons (rather than any individual) about the business of the pharmacy benefit manager. Contains provisions concerning the denial of a pharmacy benefits manager's registration application or the suspension or revocation of a pharmacy benefits manager's registration. Defines terms. Further amends the Managed Care Reform and Patient Rights Act. Makes changes to the definition of "emergency medical condition". Removes changes made to a provision concerning the denial of coverage and payment for emergency services provided without prior authorization or an approved plan. Further amends the Illinois Public Aid Code. Makes changes to certain reporting requirements imposed on the Director of Healthcare and Family Services. Requires a pharmacy benefit manager to make certain disclosures to the Department of Healthcare and Family Services upon request. Requires a pharmacy benefit manager to make certain written disclosures to a pharmacy provider or pharmacy services administrative organization. Defines "pharmacy services administrative organization." Requires the Department to adopt rules establishing reasonable dispensing fees for fee-for-service payments in accordance with guidance or guidelines from the federal Centers for Medicare and Medicaid Services.

Amends the Illinois Public Aid Code. Changes all references to "Food Stamp Program" to "Supplemental Nutrition Assistance (SNAP) Program". Changes all references to the "Food Stamp Employment and Training Program" to the "SNAP Employment and Training Program". Provides that the SNAP Employment and Training Program shall be voluntary in every county except those in which the Department of Human Services can show that there are sufficient program slots for at least the majority of the county's current non-exempt work registrants. Provides that persons who fail to cooperate with the SNAP Employment and Training Program in counties where available program slots exist for at least the majority of that county's current work registrants shall become ineligible for SNAP benefits according to SNAP regulations. Effective immediately. House Committee Amendment No. 1 Provides that the Supplemental Nutrition Assistance Program Employment and Training (SNAP E&T) program operated by the Department of Human Services may only be mandatory in counties where the Department can show that there are sufficient program slots for at least the majority of the county's current non-exempt work registrants (rather than the SNAP E&T program shall be voluntary in every county except those in which the Department can show that there are sufficient program slots for at least the majority of the county's current non-exempt work registrants). Provides that nothing in the amendatory Act shall prevent the Department from operating a fully voluntary SNAP E&T program.

Amends the Illinois Public Aid Code. Requires the Illinois Student Assistance Commission (ISAC) to identify and flag college students who are potentially eligible to receive Supplemental Nutrition Assistance Program (SNAP) benefits. Provides that the factors to be used to determine potential SNAP eligibility shall be prescribed by ISAC in consultation with the Department of Human Services, but at a minimum shall include income information reported on a college student's Free Application for Federal Student Aid. Requires ISAC, in consultation with the Department of Human Services, to develop a notice that ISAC shall make available electronically to institutions of higher education that includes, at a minimum, college student SNAP eligibility criteria, the Application for Benefits Eligibility's website address, and the Illinois Hunger Coalition's Hunger Hotline. Requires Illinois institutions of higher education that participate in the Monetary Award Program to provide the notice in writing to all students who are enrolled or accepted for enrollment and are identified by ISAC as potentially SNAP eligible. Requires ISAC to adopt rules. Effective immediately. Senate Committee Amendment No. 1 Adds reference to: 305 ILCS 5/12-4.13b Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill, but with the following changes and additions: Provides that the Department of Human Services shall consult with the Illinois Workforce Innovation Board (rather than with the Illinois Workforce Investment Board) to establish a protocol to identify and verify all potential exemptions to certain federal eligibility rules under the Supplemental Nutrition Assistance Program (SNAP). Provides that a career and technical educational program approved by the Illinois Community College Board that could be a component of a SNAP Employment and Training (E&T) program, as identified by the Department of Human Services, shall be considered an employment and training program under a specified provision of the Code of Federal Regulations, unless prohibited by federal law. In provisions requiring the Illinois Student Assistance Commission (ISAC) to adopt rules concerning SNAP eligibility notifications to college students, requires ISAC to adopt the rules on or before October 1, 2020 (rather than on or before October 1, 2019). Effective immediately. House Committee Amendment No. 1 Requires the Illinois Student Assistance Commission (ISAC) to annually include information about the Supplemental Nutrition Assistance Program (SNAP) in the language that schools are required to provide to students eligible for the Monetary Award Program grant (rather than requiring ISAC to identify and flag college students who are potentially eligible to receive SNAP benefits). Provides that the language shall, at a minimum, direct students to information about college student eligibility criteria for SNAP, and direct students to the Department of Human Services and to the Illinois Hunger Coalition's Hunger Hotline for additional information. Requires Illinois institutions of higher education that participate in the Monetary Award Program (MAP) to provide the notice to all students who are enrolled, or who are accepted for enrollment and intending to enroll, and who have been identified by ISAC as MAP-eligible at the institution (rather than requiring ISAC to develop, in consultation with the Department of Human Services, an electronic notice for institutions of higher education that includes, at a minimum, college student SNAP eligibility criteria, the Application for Benefits Eligibility's website address, and the Illinois Hunger Coalition's Hunger Hotline).

Amends the Evidence Article of the Code of Civil Procedure. Provides that evidence of a person's immigration status is not admissible in any civil proceeding unless: it is essential to prove an element of a claim or an affirmative defense; or a person or his or her attorney voluntarily reveals his or her immigration status to the court. Provides that a party intending to offer evidence regarding a person's immigration status shall file a written motion at least 14 days before trial. Provides that the court shall conduct an in camera hearing to review the probative value of the person's immigration status. Provides that if the court finds that the probative value of the person's immigration status outweighs its prejudicial nature, the court shall make findings of fact and conclusions of law regarding the permitted use of the evidence. Provides that the motion, related papers, and the record of the hearing shall be sealed and remain under seal unless the court orders otherwise. Provides that a party who communicates to a person or witness any threat to or actually disclose a person's or witness's immigration status to any entity or immigration or law enforcement agency with the intent to deter the person from testifying commits a Class C misdemeanor. Senate Floor Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill and makes the following changes: Provides that evidence is also admissible if it is offered to prove an interest or bias of a witness, if it does not cause confusion of the issues or mislead the trier of fact, and the probative value of the evidence outweighs its prejudicial nature. Provides that a party intending to offer evidence related to a person's immigration status shall file a written motion that also explains why it is essential to a claim or affirmative defense or is probative of an interest or bias of a witness, it does not cause confusion of the issues or mislead the trier of fact, and the probative value of the evidence outweighs its prejudicial nature. Makes a corresponding change regarding findings of fact and conclusions of law the court must make regarding the permitted use of the evidence. Senate Floor Amendment No. 2 Deletes language providing that a written motion shall explain why it is essential to a claim or affirmative defense or is probative of an interest or bias of a witness.