Sen. Laura Murphy

Amends the Department of Transportation Law of the Civil Administrative Code of Illinois. Provides that the Department of Transportation shall update its policy for providing notification of construction projects to the public. Provides that the policy shall include a requirement that the Department contact the highway commissioner located in each Department district that will be impacted by a proposed construction project. Provides that the policy shall be completed and published on the Department's website by January 1, 2022. Effective immediately.

Amends the Managed Care Reform and Patient Rights Act. Requires health insurance carriers that provide coverage for prescription drugs to ensure that, within service areas and levels of coverage specified by federal law, at least half of individual and group plans meet one or more of the following criteria: apply a pre-deductible and flat-dollar copayment structure to the entire drug benefit, limit a beneficiary's monthly out-of-pocket financial responsibility for prescription drugs to a specified amount, or limit a beneficiary's annual out-of-pocket financial responsibility for prescription drugs to a specified amount. Provides that all plans for prescription drugs offered under the amendatory Act must be clearly and appropriately named, marketed in the same manner as other plans offered by the health insurance carrier, and offered for purchase to any individual and group plan sponsor. Effective January 1, 2022. House Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Managed Care Reform and Patient Rights Act. In provisions concerning individual health plans that provide coverage for prescription drugs, provides that beginning January 1, 2023, health insurance carriers shall ensure that at least 10% of individual health care plans offered in each applicable service area apply a flat-dollar copayment structure to the entire drug benefit; and beginning January 1, 2024, health insurance carriers shall ensure that at least 25% of individual health care plans offered in each applicable service area apply a flat-dollar copayment structure to the entire drug benefit. In provisions concerning group health plans that provide coverage for prescription drugs, provides that beginning January 1, 2023, health insurance carriers shall offer at least one group health plan in each applicable service area that applies a flat-dollar copayment structure to the entire drug benefit; and beginning January 1, 2024, health insurance carriers shall offer at least 2 group health plans in each applicable service area that apply a flat-dollar copayment structure to the entire drug benefit. Provides that the flat-dollar copayment structure for prescription drugs must be applied pre-deductible and be reasonably graduated and proportionately related in all tier levels such that the copayment structure as a whole does not discriminate against or discourage the enrollment of individuals with significant health care needs. Requires the health insurance carriers to clearly and appropriately name the plans to aid in individual or group plan selection. Requires the health insurance carriers to market the plans in the same manner as their other plans. Requires the Department of Insurance to adopt rules necessary to implement and enforce the provisions. Effective January 1, 2023.

Creates the Prescription Drug Repository Program Act. Requires the Department of Public Health to, by rule, establish a prescription drug repository program, under which any person may donate a prescription drug or supplies needed to administer a prescription drug for use by an individual who meets eligibility criteria specified by the Department. Sets forth requirements that prescription drugs or supplies must meet in order to be accepted and dispensed under the program. Provides that no drugs or supplies donated under the prescription drug repository program may be resold. Provides that nothing in the Act requires that a pharmacy or pharmacist participate in the prescription drug repository program. Provides for civil and criminal immunity for drug and supply manufacturers and individuals in relation to the donation, acceptance, or dispensing of prescription drugs or supplies under the prescription drug repository program. Imposes conditions on any rulemaking authority. Amends the Pharmacy Practice Act, the Wholesale Drug Distribution Licensing Act, the Senior Pharmaceutical Assistance Act, the Illinois Food, Drug and Cosmetic Act, the Illinois Controlled Substances Act, and the Cannabis and Controlled Substances Tort Claims Act to provide that persons engaged in donating or accepting, or packaging, repackaging, or labeling, prescription drugs to the extent permitted or required under the Prescription Drug Repository Program Act are exempt from provisions of those other Acts that might prohibit or otherwise regulate such activity. House Committee Amendment No. 1 Replaces everything after the enacting clause. Creates the Illinois Drug Reuse Opportunity Program Act. Provides that, notwithstanding any other law or rule, donors may donate drugs to recipients and recipients may receive donated drugs from donors. Provides that recipients shall only dispense or administer drugs to eligible patients, further donate drugs to another recipient, or dispose of drugs in accordance with specified provisions. Provides that drugs donated for use under the Act are considered nonsaleable. Provides that, when dispensing a drug to an eligible patient, the recipient must do so at no cost to the eligible patient, except that a reasonable handling fee may be charged. Provides that recipients may only dispense or administer a prescription drug or provide an over-the-counter drug if specified requirements are met. Provides that recipients shall, to the greatest extent practicable, dispense drugs received under the Act to priority patients. Provides that drugs may be accepted under the Act only if specified requirements are met. Contains requirements for the further donation of drugs by a recipient. Contains provisions regarding the disposition of specified drugs. Provides that nothing in the Act requires that a pharmacy or pharmacist be a recipient of drugs under the Act. Provides that the Act shall supersede any inconsistent law or rule for activities conducted under the Act. Contains other provisions. Amends the Pharmacy Practice Act, the Wholesale Drug Distribution Licensing Act, the Senior Pharmaceutical Assistance Act, the Illinois Food, Drug and Cosmetic Act, the Illinois Controlled Substances Act, and the Cannabis and Controlled Substances Tort Claims Act to provide that persons engaged in donating or accepting, or packaging, repackaging, or labeling, prescription drugs to the extent permitted or required under the Illinois Drug Reuse Opportunity Program Act are exempt from provisions of those other Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Provides that "prescription drug" does not include a drug for the treatment of cancer that can only be dispensed to a patient registered with the drug manufacturer in accordance with the federal Food and Drug Administration's requirements. Provides that when dispensing a drug to an eligible patient, the recipient must do so at no cost to the eligible patient, except that a uniform reasonable handling fee (rather than a reasonable handling fee) may be charged.

Amends the Medical Practice Act of 1987. Provides that not later than 12 months after the effective date of the amendatory Act, the Department of Financial and Professional Regulation shall adopt rules that require a person seeking licensure to practice medicine in all of its branches to have completed 3 hours of education on the diagnosis, treatment, and care of individuals with cognitive impairments, including, but not limited to, Alzheimer's disease and other dementias. Specifies that the education requirement shall only apply to applicants who serve or will serve adult populations and have or will have direct patient interactions in their capacity as physicians. Provides that not later than 12 months after the effective date of the amendatory Act, the Department shall adopt rules that require any continuing education for persons licensed to practice medicine under all of its branches to include an average of one hour of continuing education per license year on the diagnosis, treatment, and care of individuals with cognitive impairments, including, but not limited to, Alzheimer's disease and other dementias. Specifies that the continuing education requirement shall only apply to persons who serve adult populations and have direct patient interactions in their capacity as physicians. Provides that the curriculum used for the education and continuing education requirements shall cover the diagnosis of Alzheimer's disease and other dementias, including recognizing the signs and symptoms of dementia; person-centered care; assessment and care planning; and culturally competent health care. Senate Committee Amendment No. 2 Deletes reference to: 225 ILCS 60/11 225 ILCS 60/20.1 new Adds reference to: 20 ILCS 2105/2105-365 new Replaces everything after the enacting clause. Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. Provides that for license or registration renewals occurring on or after January 1, 2023, a health care professional who has continuing education requirements must complete at least a one-hour course in training on the diagnosis, treatment, and care of individuals with Alzheimer's disease and other dementias per renewal period. Provides that the training shall include, but not be limited to, assessment and diagnosis, effective communication strategies, and management and care planning. Provides that the requirement shall only apply to health care professionals who provide health care services to adult populations age 26 or older in the practice of their profession. Provides that a health care professional may count that one hour for completion of the course toward meeting the minimum credit hours required for continuing education. Provides that any training on Alzheimer's disease and other dementias applied to meet any other State licensure requirement, professional accreditation or certification requirement, or health care institutional practice agreement may count toward the continuing education requirement. Provides that the Department of Financial and Professional Regulation may adopt rules for the implementation of the continuing education requirement. Effective immediately. Senate Floor Amendment No. 4 Provides that the continuing education requirements shall only apply to health care professionals who provide health care services to, and have direct patient interactions with (rather than who provide health care services to), adult populations age 26 or older in the practice of their profession.

Amends the Military Code of Illinois. Provides that members of the Illinois National Guard serving on State Active Duty, in addition to those serving in a federal duty or training status, shall have a State flag presented to their next of kin upon their death.

Amends the Government Severance Pay Act. Modifies the definition of "severance pay" to apply to a university president or chancellor who is transitioning to a new position within the university for which he or she is employed, but excluding interim presidents and interim chancellors. Provides that a contract containing a severance pay provision must include, among other requirements, a requirement that if a provision to transition into a different position is included in a university president's or chancellor's contract, then the contract must include specified provisions. Amends the Board of Higher Education Act. Requires, beginning July 1, 2022, the Board of Higher Education to create and maintain on its Internet website an online trustee resource center that shall include specified information. Defines "Department". Effective immediately.

Amends the Freedom of Information Act. Provides that "public body" includes the Clerk of the Circuit Court of Cook County. Provides that all records relating to the obligation, receipt, and use of public funds of the Clerk of the Circuit Court of Cook County are public records subject to inspection and copying by the public. Amends the Clerks of Courts Act. Provides that records kept by the clerks of the circuit courts are subject to the Freedom of Information Act. Provides that specified unpaid assessments under the Criminal and Traffic Assessment Act shall not be included in an agreement between the clerk of the circuit court and the Department of Revenue to establish a program for the purposes of collecting certain balances owed. Provides that the clerk of the court shall (rather than may) accept credit card payments over the Internet for fines, penalties, court costs, or costs from offenders on voluntary electronic pleas of guilty in minor traffic and conservation offenses to satisfy the requirement of written pleas of guilty. Amends the Criminal and Traffic Assessment Act. Provides that one hour of public or community service shall be equivalent to $10 (rather than $4) of assessment. Senate Committee Amendment No. 1 Deletes reference to: 5 ILCS 140/2 from Ch. 116, par. 202 5 ILCS 140/2.5 705 ILCS 105/16 from Ch. 25, par. 16 705 ILCS 105/27.2b Adds reference to: 50 ILCS 205/3a from Ch. 116, par. 43.103a Replaces everything after the enacting clause. Amends the Local Records Act. Provides that reports and records of the obligation, receipt, and use of public funds of the Clerk of the Circuit Court of Cook County are public records available for inspection by the public. Amends the Clerks of Courts Act. Provides that the clerk of the court shall (rather than may) accept credit card payments over the Internet for specified payments. Amends the Criminal and Traffic Assessment Act. Provides that one hour of public or community service shall be equivalent to $10 (rather than $4) of assessment. House Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the engrossed bill, and further amends the Clerks of Courts Act to allow the clerk of court to accept payment of fines, penalties, or costs by certified check. House Floor Amendment No. 2 Deletes reference to: 705 ILCS 135/5-20 Replaces everything after the enacting clause with the provisions of the engrossed bill, and makes the following changes: Further amends the Clerks of Courts Act to allow the clerk of court to accept payment of fines, penalties, or costs by certified check. Removes the changes to the Criminal and Traffic Assessment Act.

Creates the Fair Food Delivery Act. Prohibits a third-party delivery service from using the likeness, registered trademark, or intellectual property belonging to a merchant without obtaining written consent from the merchant for the use of the likeness, trademark, or other intellectual property. Provides that an agreement subject to the Act may not include a provision that requires a merchant to indemnify a third-party delivery service, an independent contractor acting on behalf of the third-party delivery service, or a registered agent of the third-party delivery service for any damages or harm that may occur after the merchant's product leaves the merchant's place of business. Authorizes recovery of actual damages or $5,000, whichever is greater. Imposes a civil penalty of not more than $1,000 per violation. Provides that each day a violation occurs constitutes a separate violation. Defines terms. Effective immediately. Senate Floor Amendment No. 1 Removes a provision concerning third-party use of merchant trademarks and likenesses and instead provides that a third-party delivery service may not purchase or use the name, likeness, registered trademark, or intellectual property belonging to a merchant, and may not take or arrange for the pickup or delivery of an order from a merchant, without first obtaining written consent from the merchant. Provides that an agreement subject to the Fair Food Delivery Act may not include a provision that requires a merchant to indemnify a third-party delivery service, an independent contractor of the third-party delivery service, or a registered agent of the third-party delivery service for any damages or harm partially or wholly caused by or resulting from the third-party delivery service, an independent contractor of the third-party delivery service, or a registered agent of the third-party delivery service. Removes the immediate effective date. Senate Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of the bill as amended by Senate Amendment No. 1 with the following changes. Removes bars from the definition of "merchant". Provides that a merchant whose likeness is used (rather than whose likeness is used, or pickup or delivery is arranged through the marketplace) by a third-party delivery service in violation of the Act may bring an action in the circuit court in the county in which the merchant or third-party delivery service conducts business to recover actual damages or $5,000, whichever is greater. Makes grammatical and other changes. House Committee Amendment No. 1 Deletes reference to: New Act Adds reference to: 820 ILCS 90/5 820 ILCS 90/7 new 820 ILCS 90/10 820 ILCS 90/15 new 820 ILCS 90/20 new 820 ILCS 90/25 new 820 ILCS 90/30 new 820 ILCS 90/35 new 820 ILCS 90/97 new Replaces everything after the enacting clause. Amends the Illinois Freedom to Work Act. Provides that a covenant not to compete shall not be valid or enforceable unless the employee's actual or expected annualized rate of earnings exceeds $75,000 per year on the effective date of the amendatory Act, $80,000 per year beginning on January 1, 2027, $85,000 per year beginning on January 1, 2032, or $90,000 per year beginning on January 1, 2037 (rather than no employer shall enter into a covenant not to compete with any low-wage employee of the employer). Provides that a covenant not to solicit shall not be valid or enforceable unless the employee's actual or expected annualized rate of earnings exceeds $45,000 per year and increasing in steps to $52,500 per year in 2037. Provides that a covenant not to compete is void and illegal for any employee who an employer terminates or furloughs or lays off as the result of business circumstances or governmental orders related to the COVID-19 pandemic, or under circumstances that are similar to the COVID-19 pandemic, unless enforcement of the covenant not to compete includes compensation equivalent to the employee's base salary at the time of termination for the period of enforcement minus compensation earned through subsequent employment during the period of enforcement. Provides that a covenant not to compete is void and illegal for individuals covered by a collective bargaining agreement under the Illinois Public Labor Relations Act or the Illinois Educational Labor Relations Act or individuals employed in construction. Establishes exclusions for management professional personnel engaged in the construction industry. Provides a procedure for enforcement by the Attorney General. Contains provisions concerning the enforceability of a covenant not to compete or a covenant not to solicit; notice requirements for employers under a covenant not to compete or a covenant not to solicit; remedies for employees who prevail against an employer's civil action to enforce a covenant not to compete or a covenant not to solicit; and certain factors a court may consider when determining whether to reform a covenant not to compete or a covenant not to solicit. Defines "adequate consideration"; "covenant not to compete"; "covenant not to solicit"; "earnings"; "employee"; and "construction". Removes the definition for the term "low-wage employee". Contains a severability clause. Effective January 1, 2022.

Amends the Use Tax Act and the Retailers' Occupation Tax Act. Provides that, beginning 120 days after the effective date of the amendatory Act, the term "selling price" no longer includes the value of traded-in motor vehicles. Amends the Illinois Vehicle Code. In a Section concerning the use tax on motor vehicles, makes changes concerning the amount of the tax. Effective immediately. House Floor Amendment No. 1 Adds reference to: 625 ILCS 5/1-216.5 new 625 ILCS 5/3-819 from Ch. 95 1/2, par. 3-819 625 ILCS 5/3-821 from Ch. 95 1/2, par. 3-821 Replaces everything after the enacting clause. Amends the Use Tax Act and the Retailers' Occupation Tax Act. Provides that, beginning on January 1, 2022, the term "selling price" no longer includes the value of traded-in motor vehicles. Amends the Illinois Vehicle Code. Defines "utility trailer". Provides for a flat weight trailer tax of $36 for utility trailers. Decreases the flat weight tax for Class TA trailers from $118 to $36. Increases the certificate of title fee for vehicles other than all-terrain vehicles, off-highway motorcycles, motor homes, mini motor homes, and van campers from $150 to $155 and provides that the additional fee amount shall be deposited into the Road Fund. In a Section concerning the use tax on motor vehicles, makes changes concerning the amount of the tax. Effective January 1, 2022. House Floor Amendment No. 2 Removes language including only trailers weighing between 2,000 pounds and 3,000 pounds within the TA trailer class, and restores language including all trailers weighing 3,000 pounds and less within the TA trailer class.

Amends the Limited Worker Cooperative Association Act. Incorporates provisions of the Limited Liability Company Act relating to: the powers of the Secretary of State; names of associations; required forms and the filing of those forms; contents of cooperative agreements; fees; termination; procedures of administrative dissolution; annual reports; and reinstatements. Senate Committee Amendment No. 1 Adds reference to: 805 ILCS 317/5 805 ILCS 317/10 805 ILCS 317/15 805 ILCS 317/20 805 ILCS 317/30 805 ILCS 317/40 805 ILCS 317/45 805 ILCS 317/50 805 ILCS 317/51 new 805 ILCS 317/52 new 805 ILCS 317/55 805 ILCS 317/65 805 ILCS 317/70 805 ILCS 415/111 Further amends the Limited Worker Cooperative Association Act. Adds provisions relating to investor members and patron members of a limited worker cooperative association. Provides that an association may be a worker cooperative or a collective worker cooperative. Authorizes multiple classes of patron members. Provides for a board of managers or managing members rather than a board of directors. Provides for apportionment of earnings and losses and for systems of internal capital accounts. Authorizes conversions of collective worker cooperatives upon a vote by the members. Amends the Entity Omnibus Act to include the Limited Worker Cooperative Association Act within the scope of that Act. Effective July 1, 2021.