Sen. Suzy Glowiak Hilton

Amends Illinois Promotion Act. Adds park districts, forest preserve districts, and conservation districts to the list of units of local government, not-for-profit organizations, local promotion groups, and for-profit businesses that are eligible to receive certain tourism grants from the Department of Commerce and Economic Opportunity. Defines terms. Effective immediately. Senate Committee Amendment No. 1 Deletes reference to: 20 ILCS 665/5 20 ILCS 665/8 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. Specifies that other units of local government (rather than park districts, forest preserve districts, and conservation districts) are added to the list of not-for-profit organizations, local promotion groups, and for-profit businesses that are eligible to receive certain tourism grants from the Department of Commerce and Economic Opportunity. Removes provisions concerning marketing and private sector programs and allocation of appropriations. Makes conforming changes. Effective immediately.

Creates the PFAS Reduction Act. Provides that, beginning January 1, 2022, a person, local government, fire department, or State agency may not discharge or otherwise use for training or testing purposes a class B firefighting foam containing intentionally added PFAS. On and after January 1, 2025, prohibits the knowing manufacture, sale, offering for sale, distribution for sale, or distribution for use of a class B firefighting foam containing intentionally added PFAS. Specifies exemptions to the Act. Provides specified notice and recall requirements for manufacturers. Specifies reporting requirements after the discharge, use, or release of class B firefighting foam containing intentionally added PFAS. Requires the Environmental Protection Agency to administer and enforce the Act and to adopt rules. Requires the Office of the State Fire Marshal to conduct a survey of fire departments and to provide a report of the results of the survey to the General Assembly no later than 90 days after its completion. Specifies notice requirements for a manufacturer or person who sells firefighting personal protective equipment to any person, fire department, local government, or State agency if the firefighting personal protective equipment contains intentionally added PFAS. Contains a prohibition and exemption for the manufacture, sale, offering for sale, or distribution for sale of food packaging containing intentionally added PFAS. Creates the PFAS Program Fund and provides that moneys in the Fund shall be used by the Agency as provided by rules adopted by the Agency. Provides a civil penalty for a manufacturer or person who violates the Act of $5,000 for the first violation of the Act and $10,000 for each subsequent violation. Provides that civil penalties collected must be deposited into the Environmental Protection Trust Fund to be used in accordance with the provisions of the Environmental Protection Trust Fund Act. Contains other provisions. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes: Provides that nothing in the Act shall prevent or discourage a fire department from responding to and mitigating incidents where a fire, spill, or leak of a known or suspected flammable liquid has occurred or is believed to be imminent. Provides that specified prohibitions do not apply to the use of Class B firefighting foam containing PFAS chemicals by a fire department while responding to an emergency situation. Requires manufacturers to provide specified notice to fire departments. Removes language requiring manufacturers that produce, sell, or distribute a restricted Class B firefighting foam to recall the product and reimburse the retailer or any other purchaser for the product. Requires the Agency to annually report specified notifications to the Office of the State Fire Marshal. Provides that the Agency shall not adopt any rule that would prevent a fire department from mitigating an emergency incident involving a Class B flammable liquid fire, spill, or leak. Removes information to be included in the Office of the State Fire Marshal's survey of fire departments. Contains provisions regarding the proper disposal of Class B firefighting foam containing PFAS. Removes provisions regarding firefighting personal protective equipment, food packaging and exemptions, and the PFAS Program Fund. Removes language providing that persons who violate the Act are subject to specified civil penalties. Makes other changes. Senate Committee Amendment No. 2 Provides that specified persons and entities must notify the Illinois Emergency Management Agency (rather than submit a report to the Environmental Protection Agency) within 48 hours of a discharge or release. Provides that notifications and surveys shall only include a Fire Department Identification number if applicable. Provides that the Illinois Emergency Management Agency (rather than the Environmental Protection Agency) shall report specified notifications to the Office of the State Fire Marshal. Removes provisions requiring the Environmental Protection Agency to adopt rules for the implementation and administration of the Act. Requires the Office of the State Fire Marshal to conduct the survey of fire departments on or before January 1 of each of the 5 years (rather than annually) after January 1, 2022. Removes language requiring the Office of the State Fire Marshal to assist other State agencies, fire departments, and municipalities in avoiding purchasing or using firefighting agents containing PFAS chemicals that are regulated under the Act. Requires the Environmental Protection Agency to post on its website information regarding the proper methods for (rather than develop a program to assist fire departments in) disposing of Class B firefighting foam containing PFAS. Senate Floor Amendment No. 3 Makes changes to the bill as amended by Senate Amendment No. 1 to provide that any person who operates a refinery or chemical or ethanol plant, a storage and distribution facility, or a tank farm or terminal for flammable liquids, or who has a fixed foam system in use at a manufacturing facility or warehouse, may extend the date of compliance under specified provisions to January 1, 2027 if, prior to January 1, 2025, the person determines that additional time for compliance is needed and sends notice of the determination to the Office of the State Fire Marshal.

Amends the Compulsory Attendance Article of the School Code. With respect to the exceptions to the compulsory attendance requirement, provides that absence for cause by illness shall include the mental or behavioral health of a student for up to 5 days for which the child need not provide a medical note, in which case the child shall be given the opportunity to make up any school work missed during the mental or behavioral health absence. House Committee Amendment No. 1 Provides that the child, after the second mental health day used, may be referred to the appropriate school support personnel.

Amends the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, or Stalking Act. Changes the name of the Act to the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Human Trafficking, or Stalking Act. Makes the Act's requirements applicable to victims of human trafficking. Deletes language providing that: a program participant who is otherwise qualified to vote may apply to vote under the Election Code; the program participant shall automatically receive absentee ballots for all elections in the jurisdictions for which that individual resides; and the election authority shall transmit the absentee ballot to the program participant at the address designated by the participant in his or her application. Provides instead that a program participant who is otherwise qualified to vote may register to vote by submitting an Illinois Address Confidentiality Program Voter Registration Application created by the State Board of Elections to the appropriate election authority. Provides that the State Board of Elections (rather than the Attorney General) shall adopt rules to ensure the integrity of the voting process and the confidentiality of the program participant. In a provision regarding when disclosure of an address is prohibited, removes the exception requirement that a certification has been canceled. Exempts a program participant's address and phone number on file with the Attorney General from being disclosed under the Freedom of Information Act. Makes corresponding changes in the Freedom of Information Act and the Election Code. House Committee Amendment No. 1 Adds reference to: 10 ILCS 5/19-4 from Ch. 46, par. 19-4 Makes an additional corresponding change in the Election Code.

Amends the Probate Act of 1975. Provides that if the estate of a ward consists only of money, the court may order, among other dispositions, the money deposited in a qualified tuition program.

Amends the School Code to create the Mental Health Task Force for Communication, Intelligence, Empathy, Emotion, and Empowerment. Provides that the purpose of the task force is to explore and determine a method and program for all students in primary and secondary school to receive mandated mental health care. Sets forth the membership of the task force. Contains provisions concerning the intent of the program, the goals of mandated health care, and task force meetings, duties, and reporting. Repeals these provisions on January 1, 2023. Effective immediately. House Committee Amendment No. 1 Deletes reference to: 105 ILCS 5/22-90 new Adds reference to: 405 ILCS 49/5 Replaces everything after the enacting clause. Amends the Children's Mental Health Act of 2003. Provides that the Children's Mental Health Plan shall include recommendations for ensuring all Illinois youth receive mental health education and have access to mental health care in the school setting. Provides that in developing these recommendations, the Children's Mental Health Partnership shall consult with the State Board of Education, education practitioners, health care professionals, disability advocates, and other representatives as necessary to ensure the interests of all students are represented. Effective July 1, 2021.

Amends the Illinois Insurance Code. Includes the delivery of covered health care services by way of telephone usage in the definition of "telehealth services". Provides that health care services that are covered under an individual or group policy of accident or health insurance must be covered when delivered via telehealth services when clinically appropriate, subject to specified conditions (rather than requiring an individual or group policy of accident or health insurance to comply with specified conditions if it provides coverage for telehealth services). Provides that patient cost-sharing may be no more than if the health care service were delivered in person. Provides that no excepted benefit policy may deny or reduce any benefit to a patient based on the use of clinically appropriate telehealth services in the course of satisfying the policy's benefit criteria. House Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. In provisions concerning health care services that are covered under an individual or group policy of accident and health insurance that must be covered when delivered via telehealth services when clinically appropriate, provides that reimbursement to a health care provider for telehealth services for behavioral health services provided through an interactive telecommunications system shall be made on the same basis, in the same manner, and at the same rate as would be applied for the same services if they had been delivered in-person and shall include reasonable compensation to a facility that serves as the originating site at the time a telehealth service is rendered. Provides that with respect to telehealth benefits provided in an individual or group policy of accident or health insurance, insurers may not (rather than an individual or group policy of accident or health insurance may not) require patients to use a separate panel of health care providers to receive telehealth service coverage and reimbursement; create geographic or facility restrictions or requirements for telehealth services; require patients or health care providers to prove a hardship or access barrier before the approval of telehealth services for coverage or reimbursement; negotiate different contract rates for telehealth services and in-person services for behavioral health services; or impose upon telehealth services utilization review requirements that are unnecessary, duplicative, or unwarranted or impose any treatment limitations, prior authorization, documentation, or recordkeeping requirements that are more stringent than the requirements applicable to the same health care service when rendered in-person. Provides that health care providers shall determine the appropriateness of specific sites, technology platforms, and technology vendors for a telehealth service, as long as delivered services adhere to privacy laws. Defines terms. House Floor Amendment No. 2 Adds reference to: 215 ILCS 5/356z.43 new 225 ILCS 150/5 225 ILCS 150/15 325 ILCS 20/3 from Ch. 23, par. 4153 325 ILCS 20/3b new 325 ILCS 20/11 from Ch. 23, par. 4161 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Provides that a health insurer shall reimburse a network provider for behavioral health services delivered through telehealth on at least the same basis and at the same rate as if delivered in-person. Provides that a health insurer may establish reasonable requirements and parameters for telehealth services. Further amends the Illinois Insurance Code. Creates the Telehealth Payment Parity Task Force to review and study the use of telehealth services in the State with respect to payment and reimbursement parity for health care providers providing such services. Sets forth provisions concerning election of a chairperson, compensation, and appointments of members of the Telehealth Payment Parity Task Force. Provides that the task force shall submit its findings and recommendations to the Governor and General Assembly by December 31, 2021. Provides that the task force is dissolved on January 1, 2023. Amends the Telehealth Act. In provisions concerning use of telehealth, provides that services provided by telehealth shall be consistent with all federal and State privacy, security, and confidentiality laws. Provides that health care professionals shall determine the appropriateness of specific sites, technology platforms, and technology vendors for a telehealth service, as long as delivered services adhere to specified privacy laws. Provides that health care professionals shall maintain documentation and recordkeeping in accordance with specified provisions of the Illinois Administrative Code. Amends the Early Intervention Services System Act. Permits an early intervention provider to deliver via telehealth any type of early intervention services authorized under the Act to the extent of his or her scope of practice as established in his or her respective licensing Act consistent with the standards of care for in-person services. Requires parents to be informed of the availability of early intervention services provided through telehealth. Provides that parents shall make the final decision as to whether accepted early intervention services are delivered in person or via telehealth. Defines terms. Makes other changes. Effective immediately. Senate Committee Amendment No. 1 Deletes reference to: 215 ILCS 5/356z.43 new Adds reference to: 5 ILCS 100/5-45.8 new 225 ILCS 150/10 Replaces everything after the enacting clause with the provisions of the engrossed bill with the following changes. Provides that an individual or group policy of accident or health insurance that is amended, delivered, issued, or renewed on or after the effective date of the amendatory Act shall cover telehealth services, e-visits, and virtual check-ins rendered by a health care professional when clinically appropriate and medically necessary to insureds, enrollees, and members in the same manner as any other benefits covered under the policy. Provides that an individual or group policy of accident or health insurance may provide reimbursement to a facility that serves as the originating site at the time a telehealth service is rendered. Sets forth provisions with which coverage for telehealth services shall comply. Provides that an individual or group policy of accident or health insurance shall notify health care professionals and facilities of any instructions necessary to facilitate billing for telehealth services, e-visits, and virtual check-ins. Provides that the Department of Insurance and the Department of Public Health shall commission a report to the General Assembly and shall submit the report by December 31, 2026. Provides that the Department of Insurance may adopt rules to implement the provisions. Provides that specified provisions are inoperative on and after January 1, 2028. Removes provisions concerning the Telehealth Payment Parity Task Force. Defines terms. Further amends the Telehealth Act. Changes a reference to "telehealth" to "telehealth services." Removes language that provides that health care professionals shall maintain documentation and recordkeeping in accordance with specified provisions of the Illinois Administrative Code. Defines terms. Amends the Illinois Administrative Procedure Act to provide for emergency rulemaking. Makes other changes. Effective immediately.

Amends the Homeowners' Energy Policy Statement Act. Changes the definition of "solar storage mechanism" to include batteries. Provides that the entity may determine the specific configuration of the elements of a solar energy system on a given roof face, provided that it may not prohibit elements of the system from being installed on any roof face and that any such determination may not reduce the production of the solar energy system by more than 10% (rather than specific location where a solar energy system may be installed on the roof within an orientation to the south or within 45 degrees east or west of due south provided that the determination does not impair the effective operation of the solar energy system). Provides that within 60 (rather than 120) days after a homeowners' association, common interest community association, or condominium unit owners' association receives a request for a policy statement or an application from an association member, the association shall adopt an energy policy statement. Provides that whenever approval is required for the installation or use of a solar energy system, the application for approval shall be processed by the appropriate approving entity of the association within 60 (rather than 90) days of (rather than after) the submission of the application. Provides that the Act shall not apply to any building that is greater than 60 (rather than 30) feet high. Senate Committee Amendment No. 1 Provides that within 90 (rather than 60) days after a homeowners' association, common interest community association, or condominium unit owners' association receives a request for a policy statement or an application from an association member, the association shall adopt an energy policy statement. Provides that whenever approval is required for the installation or use of a solar energy system, the application for approval shall be processed by the appropriate approving entity of the association within 75 (rather than 60) days of the submission of the application. Provides that the Act shall not apply to any building that has a shared roof and is subject to a homeowners' association, common interest community association, or condominium unit owners' association. House Committee Amendment No. 1 Deletes reference to: 765 ILCS 165/10 765 ILCS 165/20 765 ILCS 165/30 765 ILCS 165/45 Adds reference to: 765 ILCS 5/0.01 from Ch. 30, par. 0.01 Replaces everything after the enacting clause. Amends the Conveyances Act. Makes a technical change in a Section concerning the Act's short title. House Floor Amendment No. 2 Deletes reference to: 765 ILCS 5/0.01 Adds reference to: 735 ILCS 5/13-226 new Replaces everything after the enacting clause. Amends the Code of Civil Procedure. Provides that on and after the effective date of the amendatory Act, no unit of local government or school district may file or become a party to opioid litigation against an opioid defendant that is subject to a national multistate opioid settlement unless approved by the Attorney General. Provides that if counties representing 60% of the population of the State, including all counties with a population of at least 250,000, have agreed to an intrastate allocation agreement with the Attorney General, then the Attorney General has the authority to appear or intervene in any opioid litigation, and release with prejudice any claims brought by a unit of local government or school district against an opioid defendant that are subject to a national multistate opioid settlement and are pending on the effective date of the amendatory Act. Provides that this does not affect the Attorney General's authority to appear, intervene, or control litigation brought in the name of the State of Illinois or on behalf of the People of the State of Illinois. Defines "national multistate opioid settlement", "opioid defendant", "opioid litigation", and "unit of local government". Denies home rule powers. Effective immediately.

Creates the Higher Education Housing and Opportunities Act. Requires an institution of higher education (including a business, technical, or vocational school) to designate at least one employee who works within the financial aid department, campus housing services, or any other appropriate office or department, as may be determined by the institution, to serve as a liaison between the institution and a homeless student or student in care who is enrolled at the institution. Sets forth the responsibilities of the liaison, the Board of Higher Education, and the institution. Effective August 1, 2022. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the contents of the bill with the following changes. Adds the Illinois Community College Board as a governing body with responsibilities under the Act. Requires an institution to create a position to carry out the responsibilities of a liaison if the number of students experiencing homelessness or students in care exceeds 2% (rather than 1%) of the student body. Effective August 1, 2022.

Amends the Illinois Procurement Code. Strikes a provision requiring the Department of Central Management Services to report to the General Assembly on specified annual reports produced by each State agency. Provides that each State agency that purchases food through a contract procured in accordance with the Code shall adopt a policy that permits the donation of leftover food purchased with State funds. Effective immediately. Senate Committee Amendment No. 1 Removes a provision concerning annual reports under the Illinois Procurement Code. Makes conforming changes.