Sen. Elgie Sims

Declares April 3, 2019 "Easterseals Day" in the State of Illinois.

Creates the New Vehicle Buyer Protection Act of 2019. Provides that if a manufacturer is unable to service or repair a new motor vehicle to conform to the applicable written warranties after a reasonable number of attempts, the manufacturer shall either promptly replace the new motor vehicle or make restitution to the buyer. Provides that it shall be presumed that a reasonable number of attempts have been made to conform a new motor vehicle to the applicable express warranties if, within 18 months from delivery to the buyer or 18,000 miles on the odometer of the vehicle: (1) the same nonconformity results in a condition that is likely to cause death or serious bodily injury if the vehicle is driven after 2 or more repairs; (2) the same nonconformity has been subject to repair 4 or more times; or (3) the vehicle is out of service by reason of repair for more than 30 calendar days since delivery of the vehicle to the buyer. Requires a buyer to initiate a qualified third-party dispute resolution process, if available, before asserting the presumption that a reasonable number of attempts have been made to repair the nonconformity. Prohibits a person from selling a motor vehicle without first disclosing to the prospective buyer that the vehicle had a nonconformity and the nonconformity was corrected. Contains provisions concerning a "Lemon Law Buyback" decal; a warranty buyback notice; remedies; a manufacturer's fee for each vehicle sold; sales and use tax reimbursements; and other matters. Amends the Retailers' Occupation Tax Act and the Illinois Vehicle Code. Changes references to "New Vehicle Buyer Protection Act" to "New Vehicle Buyer Protection Act of 2019". Amends the State Finance Act. Creates the Motor Vehicle Dispute Resolution Certification Fund. Repeals the New Vehicle Buyer Protection Act.

Amends the Judicial Vacancies Act. Provides that vacancies authorized to be filled by a specified provision shall be filled within 90 days in a specified manner.

Amends the Freedom of Information Act. Provides that "private information" includes, but is not limited to, the name and any identifying information of a victim in a sexual assault investigation. Senate Floor Amendment No. 1 Provides that "private information" includes, but is not limited to, the name and any identifying information of a victim in an investigation of a sex offense (instead of "a victim in a sexual assault investigation").

Amends the Election Code. Provides that the Electronic Registration Information Center shall provide the exclusive interstate voter registration program for the State. Provides that the State Board of Elections shall not share identification records contained in databases maintained by State agencies with any interstate voter registration program other than the Electronic Registration Information Center. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately. Senate Committee Amendment No. 1 Deletes reference to: 10 ILCS 5/1A-45 30 ILCS 805/4.43 new Adds reference to: 10 ILCS 5/1A-8 from Ch. 46, par. 1A-8 10 ILCS 5/1A-39 new Replaces everything after the enacting clause. Amends the Election Code. Requires the State Board of Elections to provide a single, consolidated report to the Governor and General Assembly that includes a detailed analysis and accounting from all divisions of the Board of all activities from the preceding 12 months, the current state of each division, and a detailed statement of goals and expectations for the coming year. Provides that the Board's report shall contain the methodology used in gathering and analyzing the data. Provides that the Executive Director of the State Board of Elections shall certify that the data included in the Board's report is accurate and reliable. Provides that the Board shall publish its report on its website. Requires the General Assembly to request the Executive Director and all division heads to provide an in-person briefing to a committee of each chamber of the General Assembly concerning the information provided in the report. Expressly provides that the Board has the authority to enter into bilateral voter data sharing agreements with bordering states and multi-state voter data sharing agreements. Provides the governance, security, and data accuracy requirements for multi-state voter data sharing programs and bilateral voter data sharing agreements the Board enters into agreements with. Authorizes the Board to adopt rules to execute voter data sharing agreements. Effective immediately.

Amends the State Commemorative Dates Act. Provides that the month of April of each year is designated as Healthy Pet Month to be observed throughout the State as a month in which all Illinois pet owners are encouraged to take time to review their pet's health needs and make arrangements with their veterinarians to have annual exams and evaluations performed to enhance and extend their pet's quality of life.

Amends the Illinois Insurance Code. In provisions concerning coverage for telehealth services, provides that certain health benefit policies or plans may not exclude from coverage a medically necessary health care service or procedure delivered by certain providers solely because the health care service or procedure is provided through telehealth (rather than requiring certain policies to meet specified criteria if they provide coverage for telehealth services). Provides the requirements of coverage for telehealth services. Provides that an individual or group policy of accident or health insurance that provides coverage for telehealth services delivered by contracted licensed dietitian nutritionists and contracted certified diabetes educators must also provide coverage for in-home services for senior diabetes patients (rather than requiring an individual or group policy of accident or health insurance that provides coverage for telehealth services to provide coverage for licensed dietitian nutritionists and certified diabetes educators who counsel senior diabetes patients in the patients' homes). Amends the Illinois Public Aid Code. Provides payment, reimbursement, and service requirements for telehealth services provided under the State's fee-for-service or managed care medical assistance programs. Provides that "telehealth" includes telepsychiatry. Provides that the Department of Healthcare and Family Services shall implement the new provisions 60 days after the effective date of the amendatory Act. Repeals a provision requiring the Department to reimburse psychiatrists and federally qualified health centers for mental health services provided by psychiatrists to medical assistance recipients through telepsychiatry. Makes other changes.

Amends the Equal Pay Act of 2003. Expands discrimination protection from applying to only African American employees to applying to all employees belonging to a protected class that is based on race, color, national origin, or ancestry. Provides exemptions for payments made under a seniority system, a merit system, a system that measures earnings by quantity or quality of production, and a differential based on any factor other than race, color, national origin, or ancestry, or another factor that would constitute unlawful discrimination under the Illinois Human Rights Act.

Amends the Rehabilitation of Persons with Disabilities Act. Provides that a home care consumer in the Department of Human Services' Home Services Program has the right and discretion to: (1) select and hire a personal assistant or other individual provider of his or her choice; and (2) determine the number of hours per week his or her personal assistant or other individual provider may work. Provides that, subject to the Department's authority to approve the total monthly hours in a home care consumer's service plan, no limitation shall be imposed on the number of hours per week a personal assistant or other individual provider may work unless the following conditions are satisfied: (A) as an exception to any limit imposed by the Department, a personal assistant or other individual provider may work and be paid for all hours worked up to at least 66 hours per week if the personal assistant or other individual provider works for a home care consumer who: (i) receives services under a court-ordered service plan; (ii) has a Determination of Need score of 70 or above; or (iii) has an exceptional care rate; (B) the Department shall establish an exceptions and appeals process that permits a home care consumer to request an exception to any limit imposed by the Department up to a maximum of no less than 66 hours per week; and (C) if the home care consumer would face a serious risk of institutionalization, the Department shall work with the home care consumer to ensure that appropriate care in the community will be provided, whether through authorized overtime or another solution. Provides that nothing shall limit the Department's authority under any other statute to disqualify an individual from providing services in the Department's Home Services Program for reasons other than the number of weekly hours worked by the individual.

Amends the Illinois Insurance Code. Provides that no insurer may increase the premium or rate charged on a policy of motor vehicle insurance or cancel such policy as a result of the insured person's involvement in a multivehicle accident or car theft when the insured person was not at fault in such accident or car theft.