Sen. Adriane Johnson

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. House Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following changes: 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. Senate Committee Amendment No. 1 Adds an immediate effective date.

Amends the School Code. Requires school districts to provide contact information for the National Suicide Prevention Lifeline and for the Crisis Text Line on the back of each student identification card issued by the school district. Provides that if the school district does not issue student identification cards to its students or to all of its students, the school district must publish this information on its website. Effective July 1, 2021.

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.

Amends the Sales Finance Agency Act to provide that a sales finance agency shall not finance, enter into a retail installment contract, or make a loan for the purchase of a canine or feline. Provides that if a sales finance agency violates the provisions, the financing, retail installment contract, or loan shall be null and void and the sales finance agency shall have no right to collect, receive, or retain any principal, interest, or charges related to the loan, retail installment contract, or financing.

Amends the Illinois Insurance Code. Provides that a company authorized to transact life insurance in this State may not: (1) cancel, terminate, or refuse to renew an individual's life insurance policy because of that individual's participation in a substance use disorder treatment or recovery support program; (2) charge an individual a different rate for life insurance coverage because of that individual's participation in a substance use disorder treatment or recovery support program; (3) deny a claim by a beneficiary because of an individual's participation in a substance use disorder treatment or recovery support program; or (4) ask an insured whether he or she is participating or has participated in a substance use disorder treatment or recovery support program. Contains provisions regarding confidentiality. Provides that the new provisions do not prohibit a company authorized to transact life insurance in this State from: (1) refusing to insure, refusing to continue to insure, limiting the amount, extent, or kind of coverage available to an individual, or charging a different rate for the same coverage on the basis of that individual's physical or mental condition regardless of the underlying cause of such condition; or (2) inquiring about a physical or mental condition, even if that condition was caused by or is related in any manner to a substance use disorder. Contains provisions regarding liability. Provides that the new provisions do not require a company authorized to transact life insurance to issue a life insurance policy to an applicant. Provides that the new provisions do not apply to a life insurance policy issued to an individual who is abusing drugs, is not seeking any form of treatment, and is not taking part in a substance use disorder treatment or recovery support program. House Floor Amendment No. 1 Deletes reference to: 215 ILCS 5/155.22c Adds reference to: 215 ILCS 5/155.47 new 215 ILCS 5/155.48 new Replaces everything after the enacting clause. Amends the Illinois Insurance Code. Provides that a company authorized to transact life insurance in the State may not, based solely on whether an individual has participated in a substance use treatment or recovery support program no less than 5 years before application or whether an individual has been prescribed or has obtained through a standing order an opioid antagonist, deny coverage to an individual; limit the amount, extent, or kind of coverage available to the individual; or charge the individual or a group to which the individual belongs a rate that is different from the rate charged to other individuals or groups for the same coverage unless the charge is based on sound underwriting or actuarial principles reasonably related to actual or anticipated loss experience for a particular risk.

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 Juvenile Court Act of 1987 and the Code of Criminal Procedure of 1963. Provides that an oral, written, or sign language statement of a minor, who at the time of the commission of the offense was under 18 years of age, made as a result of a custodial interrogation conducted at a police station or other place of detention on or after the effective date of the amendatory Act shall be presumed to be inadmissible as evidence in a criminal proceeding or a juvenile court proceeding for an act that if committed by an adult would be a misdemeanor offense under the Sex Offenses Article of the Criminal Code of 2012 or a felony offense under the Criminal Code of 2012 if, during the custodial interrogation, a law enforcement officer, juvenile officer, or other public official or employee, knowingly engages in deception. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Juvenile Court Act of 1987 and the Code of Criminal Procedure of 1963. Reinserts the provisions of the introduced bill, except: (1) limits the presumed inadmissibility to a confession made by the minor during the custodial interrogation (rather than statements) in which the law enforcement officer or juvenile officer (rather than a law enforcement officer, juvenile officer, or other public official or employee) knowingly engaged in deception; (2) provides that the presumption of inadmissibility of the confession may be overcome by a preponderance of the evidence (rather than clear and convincing evidence); and (3) in the definition of "deception" changes false statements regarding leniency to unauthorized statements regarding leniency. Senate Floor Amendment No. 2 Replaces everything after the enacting clause. Amends the Juvenile Court Act of 1987 and the Code of Criminal Procedure of 1963. Reinserts the provisions of the introduced bill, except: (1) limits the presumed inadmissibility to a confession made by the minor during the custodial interrogation (rather than statements) in which the law enforcement officer or juvenile officer (rather than a law enforcement officer, juvenile officer, or other public official or employee) knowingly engaged in deception; (2) provides that the presumption of inadmissibility of the confession may be overcome by a preponderance of the evidence (rather than clear and convincing evidence); and (3) in the definition of "deception" changes false statements regarding leniency to unauthorized statements regarding leniency. House Floor Amendment No. 1 Further amends the Juvenile Court Act of 1987. In a provision concerning the prohibition of deceptive tactics, provides that the presumption of inadmissibility of a confession of a minor, who at the time of the commission of the offense was under 18 years of age (rather than by a suspect), at a custodial interrogation at a police station or other place of detention, when such confession is procured through the knowing use of deception, may be overcome by a preponderance of the evidence that the confession was voluntarily given, based on the totality of the circumstances. Further amends the Code of Criminal Procedure of 1963 to make a conforming change.

Amends the Children and Family Services Act. Requires the Department of Children and Family Services to ensure that every youth in care who is entering his or her final year of high school has completed a Free Application for Federal Student Aid form, if applicable, or an application for State financial aid on or after October 1, but no later than November 1, of the youth's final year of high school. Requires the Department to assist a youth in care in identifying and obtaining all documents necessary to complete a Free Application for Federal Student Aid form, if applicable, or an application for State financial aid.

Creates the Housing is Recovery Pilot Program Act. Creates the Housing is Recovery Pilot Program within the Department of Human Services, Division of Mental Health. Provides that the Program shall provide bridge rental subsidies for individuals at high risk of unnecessary institutionalization and individuals at high risk of overdose for purposes of stabilizing their mental illness or substance abuse disorder. Provides criteria for the award, computation, and payment of bridge rental subsidies. Sets forth the responsibilities of persons receiving bridge rental subsidies. Provides for the identification and referral to the Program of persons eligible to receive bridge rental subsidies prior to their discharge from a hospital or release from a correctional facility. Provides standards for housing service providers, long-term housing, and temporary rental units. Provides that the Department will contract with an independent outside research organization to evaluate the Program's effectiveness, and shall report the results of the evaluation to the General Assembly after 5 years. Provides rulemaking authority. Defines terms. Effective immediately. House Committee Amendment No. 1 Provides that the Housing is Recovery pilot program is established subject to appropriation. Changes the definition of "serious mental illness". Defines "serious mental illness" as meeting both the diagnostic and functioning criteria consistent with the definition of Serious Mental Illness in the most current edition of the Illinois Department of Human Services/Division of Mental Health Community Mental Health Provider Manual.

Creates the Higher Education Fair Admissions Act. Provides that a public institution of higher education may not require applicants who are residents of Illinois to submit standardized college admissions test scores to the institution as a part of the admissions process. Provides that the submission of standardized test scores to the institution shall be at the option of the applicant. Requires the adoption of a policy. Effective January 1, 2022.