Sen. Bill Cunningham

RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE ONE HUNDRED THIRD GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that when the two Houses adjourn on Friday, March 10, 2023, the House of Representatives stands adjourned until Tuesday, March 14, 2023, and when it adjourns on that day, it stands adjourned until Wednesday, March 15, 2023, and when it adjourns on that day, it stands adjourned until Thursday, March 16, 2023, and when it adjourns on that day, it stands adjourned until Tuesday, March 21, 2023, or to the call of the Speaker; and the Senate stands adjourned until Tuesday, March 21, 2023, or to the call of the President.

Amends the Biometric Information Privacy Act. Changes the definitions of "biometric identifier" and "written release". Defines "biometric lock", "biometric time clock", "electronic signature", "in writing", and "security purpose". Provides that if the biometric identifier or biometric information is collected or captured for the same repeated process, the private entity is only required to inform the subject or receive consent during the initial collection. Waives certain requirements for collecting, capturing, or otherwise obtaining a person's or a customer's biometric identifier or biometric information under certain circumstances relating to security purposes. Provides that nothing in the Act shall be construed to apply to information captured by a biometric time clock or biometric lock that converts a person's biometric identifier or biometric information to a mathematical representation. Requires the Department of Labor to provide information for employers regarding the requirements of the Act on its website. Amends the Workers' Compensation Act. Provides that nothing in the Act limits, prevents, or preempts a recovery by an employee under the Biometric Information Privacy Act. Effective immediately.

Amends the Biometric Privacy Information Act. Defines "security purpose" as the purpose of preventing retail theft, fraud, or any other misappropriation or theft of a thing of value, including protecting property from trespass, controlling access to property, protecting any person from harm, including stalking, violence, or harassment, and assisting a law enforcement investigation. Allows a private entity to collect, capture, or otherwise obtain a person's or customer's biometric identifier or biometric information without satisfying other specified requirements if: (1) the private entity collects, captures, or otherwise obtains a person's or customer's biometric identifier or biometric information for a security purpose; (2) the private entity uses the biometric identifier or biometric information only for a security purpose; (3) the private entity retains the biometric identifier or biometric information no longer than is reasonably necessary to satisfy a security purpose; and (4) the private entity documents a process and time frame to delete any biometric identifier or biometric information.

Amends the Clinical Psychologist Licensing Act. In provisions concerning written collaborative agreements, removes a provision prohibiting a prescribing psychologist from prescribing medications to patients who are less than 17 years of age or over 65 years of age. Provides that no prescriptive authority for any Schedule II opioid shall be delegated. Provides that after the collaborating physician files a notice delegating authority to prescribe any nonnarcotic, nonopioid Schedule II through V controlled substances (rather than any nonnarcotic Schedule III through V controlled substances), the licensed clinical psychologist shall be eligible to register for a mid-level practitioner controlled substance license under the Illinois Controlled Substances Act. Defines "opioid". Makes corresponding changes in the Illinois Controlled Substances Act. Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that the Department of Healthcare and Family Services shall provide coverage and reimbursement for prescription management services provided by prescribing psychologists for persons who are otherwise eligible for medical assistance under the Article. Effective immediately.

Amends the Sports Wagering Act. Provides that "exchange trade wagering" means the buying and selling of betting contracts at any time prior to the conclusion of an event based on a describable zero to 100 scale of probability and employing a recognized market surveillance technology used in United States financial markets that is capable of identifying wagering activities indicative of problem gambling, money laundering, and other actions detrimental to the integrity of sports wagering. Provides for the creation of an exchange trade wagering license. Provides that the Illinois Gaming Board may issue up to 2 exchange trade wagering licensees. Provides for eligibility of an applicant for a license. Provides for specified licensing requirements and fees. Provides that the license shall not be considered a property right. Provides that taxes levied and collected from an exchange trade wagering licensee shall be the same as taxes levied and collected from a master sports wagering licensee. Provides that an exchange trade wagering license is limited to exchange trade wagering and may not be used to allow a licensee to participate in other types of gambling. Effective immediately.

Creates the Insurance Business Transfer Act. Provides that notwithstanding any other provision of law, a court may issue any order, process, or judgment that is necessary or appropriate to carry out the provisions of this Act. Sets forth provisions concerning notice requirements, application procedure, application to a court for approval of a plan, approval and denial of insurance business transfer plans, and fees and costs. Provides that the Department of Insurance may adopt rules that are consistent with the provisions. Provides that the portion of the application for an insurance business transfer that would otherwise be confidential, including any documents, materials, communications, or other information submitted to the Director of Insurance in contemplation of an application, shall not lose such confidentiality. Provides that insurers consent to the jurisdiction of the Director with regard to ongoing oversight of operations, management, and solvency relating to the transferred business. Provides that at the time of filing its application for review and approval of an insurance business transfer plan, an applicant shall pay a nonrefundable fee of $10,000 to the Department. Provides that the Director may direct the applicant to retain parties to assist Department personnel. Defines terms. Amends the Illinois Insurance Code. Changes the definition of "insolvent company" to include any company which has assumed or has been allocated a policy obligation through an approved insurance business transfer plan.

Amends the Illinois Pension Code. Makes a technical change in a Section concerning definitions.

Amends the Chicago Police Article of the Illinois Pension Code. Removes a birthdate restriction on eligibility at age 55 for a 3% automatic annual increase in retirement annuity that is not subject to a maximum increase of 30%. Makes a related change. Specifies the timing of an initial increase in retirement annuity for persons who have not received the initial increase before January 1, 2023. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

Amends the Arsonist Registration Act, the Sex Offender Registration Act, and the Murderer and Violent Offender Against Youth Registration Act. Provides that a person required to register under the Act may change her or his name if the change is due to marriage, religious beliefs, status as a victim of trafficking or gender-related identity as defined by the Illinois Human Rights Act. Requires the person to report the name change within 10 days to the law enforcement agency with whom they last registered. Amends the Code of Civil Procedure. Provides further requirements for when name changes may and may not be granted. Provides that a petition for this change shall be a statewide, standardized form approved by the Illinois Supreme Court and include a warning about when a name change may be charged as a felony. Provides when an objection to the name change may be filed. Deletes notice by publication language. House Floor Amendment No. 1 Deletes reference to: 735 ILCS 5/21-103 rep. Adds reference to: 735 ILCS 5/21-103 from Ch. 110, par. 21-103 Deletes a provision concerning objections relating to specificity, timing, filing, and form. Provides that a person who has been convicted of a felony offense in this State or any other state and whose sentence has not been terminated, completed, or discharged is not permitted to file a petition for a name change in the courts of this State unless that person is pardoned for the offense. Adds "name" to two section headings to reflect the duty to report a legal name change. Provides that certain objections shall be served upon the petitioner. Replaces a repeal of a provision concerning notice by publication with a change to the provision providing that the court may issue an order directing that the notice and publication requirement be waived for a change of name involving a person who files with the court a statement verified under oath that the person believes that publishing notice of the name change would be a hardship, including but not limited to, a negative impact on the person's health or safety. Provides that in a case where waiver of the notice and publication requirement is sought, the petition for waiver will be presumed granted and heard at the same hearing as the petition for name change. Provides that the court retains discretion to determine whether a hardship is shown and may order the petitioner to publish thereafter.

Amends the Department of Veterans' Affairs Act. Deletes the term "no-wrong-door" in provisions regarding the system of support for service members, veterans, and their families. Removes provisions requiring the Illinois Joining Forces Foundation (Foundation) to utilize working groups when convening military and veteran support organizations and when providing policy recommendations that benefit service members, veterans, and their families. Removes provisions requiring the Foundation to facilitate the transfer of information and knowledge among Illinois Joining Forces member organizations. Makes changes to the definition of "veterans service organization". Provides that the Foundation may also include up to 18 additional voting members of the Board of Directors: 9 members to be nominated and approved by the Board of Directors according to the Foundation's bylaws, and 9 members to be nominated by the Director of Veterans' Affairs or the Director of Military Affairs. Provides that, to ensure parity, no additional nominees may be considered by the Board of Directors unless a like appointment is made by the Department of Veterans' Affairs or the Department of Military Affairs, and vice versa. Provides that, in consultation with the Foundation's Board of Directors, the Department of Veterans' Affairs or the Department of Military Affairs may adopt other rules deemed necessary to govern Foundation procedures (rather than the Department of Veterans' Affairs may adopt rules in consultation with the Department of Military Affairs). Permits the Foundation to receive services, including, but not limited to, contractual services, provided by either the Department of Veterans' Affairs or the Department of Military Affairs.