Sen. Mike Hastings

Amends the Health Care Surrogate Act. Removes the requirement that an attending physician or qualified physician be licensed specifically in Illinois. Effective immediately. House Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Health Care Surrogate Act. Provides that "attending physician", "health care provider", and "qualified physician" include a physician licensed in the state where the patient is being treated. Effective immediately.

Amends the Motor Vehicle Franchise Act. Provides that the sale of motor vehicles by unlicensed dealers shall be prohibited (rather than should be prevented). Changes the manner in which dealers are reimbursed by manufacturers. Provides that manufacturers must pay a dealer no less than the amount a retail customer pays the dealer for the same services. Authorizes the use of agreed upon time guides. Applies to warranty work and factory recalls. Establishes a manner of determining effective labor rates.

Amends the Illinois Insurance Code. Adds provisions concerning making diligent efforts to procure surplus line insurance contracts through authorized insurers, including for master policy insurance contracts and program business. Makes changes to provisions concerning reports on surplus line insurance and fire insurance that must be filed by licensed surplus line producers with the Director of Insurance. Changes the date by which a surplus line producer shall file a report on all fire insurance procured from unauthorized insurers and submitted to the Surplus Line Association of Illinois to February 1 (rather than March 31) of each year. Adds provisions concerning submission and recording of premium-bearing endorsements. Provides that an individual officer or partner must be a licensed surplus line producer to represent a member of the Surplus Line Association of Illinois in the exercise of association affairs. Makes other changes. Defines terms. Effective January 1, 2022. Senate Committee Amendment No. 1 Adds reference to: 215 ILCS 5/412 from Ch. 73, par. 1024 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Removes language allowing surplus line producers to be part of a firm membership of the Surplus Line Association of Illinois as a condition of their holding licenses as surplus line producers. Removes changes to provisions allowing members employed by the same or affiliated employers to delegate an individual officer or partner to represent the member in the exercise of Association affairs. Further amends the Illinois Insurance Code. In provisions concerning refunds, penalties, and collection, provides that whenever it appears to the satisfaction of the Director of Insurance that the circumstances of a late filing warrant a reduction or waiver of specified fees or penalties, the fees or penalties may be reduced or waived at the discretion of the Director. Effective immediately. Senate Floor Amendment No. 2 Deletes reference to: 215 ILCS 5/445.2 215 ILCS 5/445.3 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. In provisions concerning surplus line insurance, provides that diligent efforts to procure surplus line insurance contracts from authorized insurers shall include all variable provisions of the master policy. Provides that whenever it appears to the satisfaction of the Director that a surplus line producer has made a documented good faith determination of the home state (rather than when a surplus line producer has made a documented good faith determination of the home state) for a surplus line insurance contract and has paid the surplus line taxes to a state other than Illinois, and the Director determines (rather than if the Director determines) that the producer's good faith determination was incorrect and the home state is Illinois, the surplus line producer may, at the discretion of the Director, be required to submit the contract to the Surplus Line Association of Illinois and pay applicable taxes and recording fees, but there shall be no penalty, interest, or late fee assessed. Removes language that provides that if no insurance was procured from unauthorized insurers and submitted to the Surplus Line Association of Illinois, no report concerning surplus line insurance procured from unauthorized insurers shall be required. Removes language that provides that if no fire insurance subject to a fire marshal tax was procured from unauthorized insurers and submitted to the Surplus Line Association of Illinois, no report concerning fire insurance procured from unauthorized insurers shall be required. Removes changes to provisions concerning the Board of Directors of the Association and the Plan of Operation of the Association. Makes other changes. Effective January 1, 2022.

Amends the Stalking No Contact Order Act. Includes electronic communication in the definition of "contact". Amends the Civil No Contact Order Act. Provides that the court may provide relief in a civil no contact order by restraining the respondent from having any electronic communication with the petitioner. Amends the Internet Dating, Internet Child Care, Internet Senior Care, and Internet Home Care Safety Act. Changes the definition of "internet dating service" to remove the qualifier that such services be performed for a fee. Makes a corresponding change to the Dating Referral Services Act.

Amends the Energy Assistance Act. Provides that the Department of Commerce and Economic Opportunity may not set the annual eligibility level for energy assistance higher than 60% of the State median income as established by the U.S. Department of Health and Human Services. Requires the Department to ensure that households with children under the age of 6 years old are offered a priority application period. Provides that the Supplemental Low-Income Energy Assistance Fund is not subject to sweeps, administrative charge-backs, or any other fiscal or budgetary maneuver that would in any way transfer any amounts from the Supplemental Low-Income Energy Assistance Fund into any other fund of the State. Contains provisions concerning certain unspent funds being utilized for weatherization expenses; allowances to Local Administrative Agencies for administrative expenses; incremental changes to the monthly energy assistance charges billed to utility customers; Department reports on monies collected and allocated to utilities for implementation of their Percentage of Income Payment Plans; and other matters. Provides that all energy assistance programs under the Act shall be available to eligible residents regardless of immigration status. Senate Floor Amendment No. 1 Changes the date upon which each public utility, electric cooperative, and municipal utility shall begin assessing a monthly Energy Assistance Charge on customer accounts from January 1, 2021 to January 1, 2022. Restores a provision providing that the Percentage of Income Payment Plan is created as a mandatory bill payment assistance program for low-income residential customers of utilities serving more than 100,000 retail customers. House Committee Amendment No. 1 Removes language that provides that the Supplemental Low-Income Energy Assistance Fund is not subject to sweeps, administrative charge-backs, or any other fiscal or budgetary maneuver that would in any way transfer any amounts from the Fund into another fund of the State.

Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that upon completion of an affidavit provided by the county clerk, a person, still currently married, may request a certificate of the person's current marriage free of any gender identifying language. Provides that the request shall not permanently change the gender identifying language in the clerk's records, and the affidavit and issuance shall be kept in the permanent records of the clerk. Provides that if 2 parties currently married request a marriage certificate with gender identifiers changed, both parties shall appear before the clerk, indicate consent, and complete an affidavit. Provides that if a county provides a certified record, photocopy, or reproduction of an original record in lieu of a summary data sheet, the county clerk shall work with the Department of Public Health to develop a new certificate that can be issued in lieu of a reproduction of the prior record. Provides that when a clerk issues a nongendered marriage certificate, the certificate shall not include any language indicating it has been amended nor that it is not a true and accurate record of the facts stated therein. Senate Floor Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following change: Provides that affidavits shall be created by the county clerk, may appear on a combined form, and shall be in a specified format.

Amends the Illinois Procurement Code. Requires the Department of Central Management Services to submit an annual report concerning certifications issued to veteran-owned small businesses and service-disabled veteran-owned small businesses. Requires the Department to conduct a minimum of 2 outreach events per year to ensure that veteran-owned small businesses and service-disabled veteran-owned small businesses know about the procurement opportunities and certification requirements with the State. Adds additional requirements concerning the certification program for veteran-owned small businesses and service-disabled veteran-owned small businesses. Provides that the Department of Central Management Services, in consultation with the Department of Veteran Affairs, may develop programs and agreements to encourage cities, counties, towns, townships, and other certifying entities to adopt uniform certification procedures and certification recognition programs. Provides that a business shall be certified by the Department of Central Management Services as a service-disabled veteran-owned small business or a veteran-owned small business if the Department determines that the business has been certified as a service-disabled veteran-owned small business or a veteran-owned small business by the Vets First Verification Program of the United States Department of Veterans Affairs, and the business has provided to the Department with specified information. Provides that the policies of the Department of Central Management Services regarding recognition of the Vets First Verification Program shall be reviewed annually. Effective immediately.

Amends the Illinois Anatomical Gift Act. Deletes language providing that no hospital, physician and surgeon, procurement organization, or other person shall determine the ultimate recipient of an anatomical gift based upon a potential recipient's physical or mental disability, except to the extent that the physical or mental disability has been found by a physician and surgeon, following a case-by-case evaluation of the potential recipient, to be medically significant to the provision of the anatomical gift. Provides instead that a hospital, physician and surgeon, procurement organization, or other person shall not, solely on the basis of an individual's mental or physical disability: deem an individual ineligible to receive an anatomical gift or organ transplant; deny medical and other services related to organ transplantation, including evaluation, surgery, counseling, postoperative treatment, and services; refuse to refer the individual to a transplant center or other related specialist for the purpose of evaluation for or receipt of an organ transplant; refuse to place an individual on an organ transplant waiting list or place an individual at a lower priority position on the waiting list than the position at which the individual would have been placed if not for the individual's disability; or decline insurance coverage for any procedure associated with the receipt of the anatomical gift, including posttransplantation care. Provides that a hospital, physician and surgeon, procurement organization, or other person may take an individual's disability into account when making treatment or coverage recommendations or decisions solely to the extent that the physical or mental disability has been found by a physician or surgeon, following an individualized evaluation of the potential recipient, to be medically significant to the provision of the anatomical gift. Senate Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following changes: Provides that a hospital, physician and surgeon, procurement organization, or other person shall not, solely on the basis of an individual's mental or physical disability, if an individual has the necessary support system to assist the individual in complying with posttransplant medical requirements, consider the individual's inability to independently comply with posttransplant medical requirements to be medically significant. Provides that a covered entity shall make reasonable modifications to its policies, practices, or procedures to allow individuals with disabilities access to transplantation-related services, unless the covered entity can demonstrate that making such modifications would fundamentally alter the nature of such services. Provides that a covered entity shall take steps necessary to ensure that an individual with a disability is not denied medical services or other services related to organ transplantation due to the absence of auxiliary aids or services, unless the covered entity demonstrates that taking the steps would fundamentally alter the nature of the medical services or other services related to organ transplantation or would result in an undue burden for the covered entity. Senate Floor Amendment No. 2 Deletes language providing that: a covered entity shall make reasonable modifications to its policies, practices, or procedures to allow individuals with disabilities access to transplantation-related services unless the covered entity can demonstrate that making such modifications would fundamentally alter the nature of such services; and a covered entity shall take steps necessary to ensure that an individual with a disability is not denied medical services or other services related to organ transplantation, due to the absence of auxiliary aids or services, unless the covered entity demonstrates that taking the steps would fundamentally alter the nature of the medical services or other services related to organ transplantation or would result in an undue burden for the covered entity. Provides instead that a covered entity shall comply with the requirements of the Americans with Disabilities Act of 1990 and its implementing regulations in making reasonable modifications to its policies or procedures in response to a request from an individual with disabilities regarding access to transplantation-related services. Adds a definition for "covered entity".

Amends the Public Utilities Act. In provisions concerning valuation of water and sewer utilities, provides that to be included within the definition of "large public utility" an investor-owned public utility must regularly provide water or sewer service to more than 15,000 customer connections (rather than 30,000 customer connections).

Amends the Counties Code. Provides that a restrictive covenant modification to an unlawful restrictive covenant may be filed by: (1) the holder of an ownership interest in property that is subject to the unlawful restrictive covenant; or (2) a common interest community association, a condominium association, a unit owners' association, or a master association of a parcel of property subject to the association's declaration and the parcel is subject to an unlawful restrictive covenant. Includes requirements for a restrictive covenant modification and the petition to modify. Provides that, on receipt of a restrictive covenant modification, the recorder shall submit the restrictive covenant modification together with a copy of the original instrument referenced in the restrictive covenant modification to the State's Attorney. Once submitted to the State's Attorney, the State's Attorney shall make a determination within 30 days if the original document contains an unlawful restrictive covenant. Provides that the recorder may not record the modification unless the State's Attorney determines an unlawful restrictive covenant exists and shall record the modification if the State's Attorney finds an unlawful restrictive covenant. Limits liability of the county for unauthorized modifications. Defines terms. Contains other provisions. House Floor Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: modifies the type of association or cooperative that may execute and file a restrictive covenant modification; provides that, when a parcel of property subject to an unlawful restrictive covenant is in a common interest community association, condominium association, unit owners' association, residential housing cooperative, or master association, only the board, acting through a majority vote, may execute and file a restrictive covenant modification under the Section; provides that removal of an unlawful restrictive covenant will not require approval of the owners or members of such association or cooperative, notwithstanding any provision of the governing documents to the contrary; provides that, if the board receives a written request by an owner or member of the association or cooperative that the board exercise its authority to execute and file a restrictive covenant modification under the Section, the board shall, within 90 days, investigate any claim of an unlawful restrictive covenant and, if determined to be an unlawful restrictive covenant, shall file a restrictive covenant modification as provided under the Section; provides for a cause of action against the association or cooperative by an owner or member for failure to file a restrictive covenant modification after a request to do so and for attorneys' fees and costs if the owner or member prevails; and requires the board to give notice and a copy of the of the restrictive covenant modification to owners and members. Provides that the recorder may impose a fee for filing a restrictive covenant modification to an unlawful restrictive covenant in an amount not to exceed $10.