Sen. Mike Halpin

Amends the Illinois Vehicle Code. Allows the issuance of health care worker decals by the Department of Public Health. Provides that $10 of each original issuance and $23 of each renewal shall be deposited into the Illinois Health Care Workers Benefit Fund, and that $15 of each original issuance and $2 of each renewal shall be deposited into the Secretary of State Special License Plate Fund. Provides that money in the Illinois Health Care Workers Benefit Fund shall be paid as grants to the Trinity Health Foundation for the benefit of health care workers, doctors, nurses, and others who work in the health care industry in this State. Makes a corresponding change in the State Finance Act.

Amends the Illinois Municipal Retirement Fund (IMRF) Article of the Illinois Pension Code. Provides that a person who meets the criteria to be an executive trustee may not serve as an employee trustee. Effective immediately.

Amends the Illinois Vehicle Code. Allows the issuance of Child Abuse Council of the Quad Cities special license plate decals by the Illinois Department of Human Services. Provides that $10 of each original issuance and $23 of each renewal shall be deposited into the Child Abuse Council of the Quad Cities Fund, and that $15 of each original issuance and $2 of each renewal shall be deposited into the Secretary of State Special License Plate Fund. Provides that money in the Child Abuse Council of the Quad Cities Fund shall be paid as grants to benefit the Child Abuse Council of the Quad Cities. Makes a corresponding change in the State Finance Act. Effective immediately.

Amends the Illinois Pension Code. In the State Universities Article, provides that the optional defined contribution plan shall provide for one or more automatic contribution arrangements, at least one of which shall be an eligible automatic contribution arrangement that permits a withdrawal of default elective contributions in accordance with a specified provision of the Internal Revenue Code of 1986. In the Illinois Municipal Retirement Fund (IMRF) Article, provides that the amount of the separation benefit shall include interest credited to the end of the preceding calendar year for contributions made under provisions authorizing employees to make additional contributions for retirement annuity purposes. Provides that employees who first participate in the Fund on or after 6 months after the effective date of the amendatory Act shall automatically contribute 3% of each payment of earnings as additional contributions for retirement annuity purposes. Provides that employees may change such contributions to an amount not to exceed 10% of each payment of earnings at any time. Provides that the Board may limit the number of withdrawals of those additional contributions to an amount not less than once per calendar year and may charge an administrative fee. In the Deferred Compensation Article, provides for automatic enrollment of any employee who is a member under the State Employee, Downstate Teacher, or Chicago Teacher Article, regardless of when the employee first became a member under that Article. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately, except that the changes to the IMRF and Deferred Compensation Articles of the Illinois Pension Code and to the State Mandates Act take effect January 1, 2022. Senate Floor Amendment No. 3 Deletes reference to: 40 ILCS 5/7-168 40 ILCS 5/7-173 40 ILCS 5/24-105.2 Adds reference to: 40 ILCS 5/16-204 40 ILCS 5/24-104 from Ch. 108 1/2, par. 24-104 Replaces everything after the enacting clause. Amends the Illinois Pension Code. In the State Universities Article, provides that the System shall offer a deferred compensation plan that is eligible under a specified provision of the Internal Revenue Code of 1986 to participating employees of the System employed by employers that qualify as eligible employers under a specified provision of the Internal Revenue Code of 1986 (instead of offering a defined contribution benefit to active members of the System). Changes references from "defined contribution benefit" to "deferred compensation plan". Provides that the System shall automatically enroll in the eligible deferred compensation plan any employee of an eligible employer who first becomes a participating employee of the System on or after July 1, 2022 under an eligible automatic contribution arrangement. Provides that an employee who is automatically enrolled shall have 3% of his or her compensation for each pay period deferred on a pre-tax basis into his or her account. Provides that an employee may elect not to participate or to increase or reduce the amount of elective deferrals made to the plan. Provides that the System may provide that the default percentage for any employee automatically enrolled in the eligible deferred compensation plan be increased by a specified percentage each plan year after the plan year in which the employee is automatically enrolled in the plan. Provides that the changes are intended to be retroactive to August 10, 2018 (the effective date of Public Act 100-769, which established the defined contribution benefit). In the Downstate Teacher Article, provides that the System may use funds provided under a provision concerning State and employer contributions to defray any and all costs of creating and maintaining the defined contribution benefit and then shall reimburse those costs from funds received from the employee and employer contributions to the defined contribution benefit. Provides that as soon as is practicable on or after January 1, 2022, the System shall automatically enroll any employee in the optional defined contribution benefit who first becomes an active member or participant in the System, and the member shall have 3% of his or her pre-tax gross compensation for each compensation period deferred into his or her deferred compensation account, unless the member otherwise instructs the System. Provides that the System may elect to increase the contribution rate subject to certain restrictions. In the Deferred Compensation Article, provides that pamphlets describing the deferred compensation plan shall not be distributed to employees who are covered under the Illinois Municipal Retirement Fund (IMRF), State Universities, or Downstate Teacher Articles. Makes other changes. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately. Senate Floor Amendment No. 4 Deletes reference to: 40 ILCS 5/24-104 Adds reference to: 40 ILCS 5/24-102 from Ch. 108 1/2, par. 24-102 In the State Universities Article of the Illinois Pension Code, provides that the System shall automatically enroll in the eligible deferred compensation plan any employee of an eligible employer who first becomes a participating employee of the System on or after July 1, 2023 (rather than July 1, 2022) under an eligible automatic contribution arrangement. In the Public Employees' Deferred Compensation Article of the Illinois Pension Code, provides that "employee", for the purposes of the State Employees Deferred Compensation Plan, does not include a person employed by a certain State university employer who first becomes a participant of the retirement system under the State Universities Article on or after July 1, 2023 unless the person has made an election to defer compensation into the State Employees Deferred Compensation Plan under a written agreement and the deferral election is in effect as of June 30, 2023. Removes language that provides that pamphlets describing the deferred compensation plan shall not be distributed to employees who are covered under the Illinois Municipal Retirement Fund (IMRF), State Universities, or Downstate Teacher Articles.

Amends the Downstate Teacher Article of the Illinois Pension Code. Allows a member to establish optional credit for up to 2 years of service as a teacher or administrator employed by a private school recognized by the Illinois State Board of Education, provided that the teacher (i) was certified under the law governing the certification of teachers at the time the service was rendered, (ii) applies in writing on or before June 30, 2023, (iii) supplies satisfactory evidence of the employment, (iv) completes at least 10 years of contributing service as a teacher, and (v) pays the required contribution. Effective immediately. House Floor Amendment No. 2 Adds reference to: 40 ILCS 5/16-158 from Ch. 108 1/2, par. 16-158 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Further amends the Downstate Teacher Article of the Illinois Pension Code. In a provision that requires an employer to make an additional contribution to the System for certain salary increases greater than 6%, excludes salary increases resulting from teaching summer school on or after May 1, 2021 and before September 15, 2022. Effective immediately. Pension Note, House Floor Amendment No. 2 (Government Forecasting & Accountability) SB 1646, as amended by HA 2, would reopen a window for teachers to apply for optional service credit for work done in approved private schools as teachers and administrators. The Teachers' Retirement System reports having 3,463 members who have applied for this private school credit in previous window openings, as described below. TRS estimates that the fiscal impact of this bill would be low, as the member must pay both the member and employer contributions, plus the actuarially assumed rate of interest to take advantage of this credit. The fiscal impact to TRS as a result of exempting summer school teaching from the 6% Final Average Salary Cap is unknown, as it is not known how many teachers would accrue pensionable salary in excess of 6% from the previous school year with the same employer via summer school teaching rendered between May 1, 2021 and September 15, 2022. Fiscal Note, House Floor Amendment No. 2 (Teachers Retirement System) Actuarial cost impact. SB 1646 as amended would have an unknown impact to TRS. Changes allowing optional service purchase under the bill are designed to be fully paid for by the related member contributions. Changes in required school district contributions would likely create some additional cost to the State of Illinois, but the total cost cannot be calculated without knowing the actual behavior of individual school districts and employees. Administrative cost impact. Administering the provisions of this bill would not increase the administrative costs ofTRS.

Creates the Agricultural Experiences Act. Provides that licenses are not required for anyone trying to provide an "agricultural experience" which is defined as any agriculture-related activity, as a secondary use in conjunction with agricultural production, on a farm which activity is open to the public with the intended purpose of promoting or educating the public about agriculture, agricultural practices, agricultural activities, or agricultural products.

Amends the State Finance Act. Creates the Experimental Aircraft Association Fund as a special fund in the State treasury. Amends the Illinois Vehicle Code to allow for the issuance of aviation enthusiast decals for Universal special license plates by the Illinois chapters of the Experimental Aircraft Association. Provides fees for the issuance of the decals. Provides that money in the Experimental Aircraft Association Fund shall be paid, subject to appropriation by the General Assembly and distribution by the Secretary of State, as grants to promote recreational aviation. Effective immediately.

Amends the School Code and the Illinois School Student Records Act. In provisions concerning the suspension or expulsion of a pupil, adds references to guardians (rather than just parents). Provides that a student may disclose mitigating factors, such as the student's status as a parent, expectant parent, or victim of domestic or sexual violence, in suspension or expulsion hearings. Provides that home instruction or correspondence courses must be made available to students who are unable to attend school because of pregnancy-related conditions, parenting obligations related to the health of a child, or health and safety concerns arising from domestic or sexual violence. Includes attendance at a medical or therapeutic appointment and appointments with a victim services provider as a valid cause for absence from school. Adds provisions to the Code concerning children and students who are parents, expectant parents, or victims of domestic or sexual violence, the purpose of which is to ensure that Illinois schools have policies, procedures, and protocols in place that ensure children and students who are parents, expectant parents, or victims of domestic or sexual violence are identified by schools in a manner respectful of their privacy and safety, treated with dignity and regard, and provided the protection, instruction, and related accommodations and services necessary to enable them to meet State educational standards and successfully attain a school diploma. Makes changes to the Chicago School District Article of the School Code concerning the transfer of students. Amends the State Mandates Act to require implementation without reimbursement. Makes other changes. Effective July 1, 2022. House Floor Amendment No. 1 Deletes reference to: 105 ILCS 5/26A-55 new Replaces everything after the enacting clause. Reinserts the contents of the bill with the following changes. Provides that the complainant and respondent and any named perpetrator directly impacted by the results of the complaint resolution procedure are entitled to simultaneous written notification of the results of the complaint resolution procedure within 10 business days (instead of 7 calendar days) after a decision or sooner if required by State or federal law or district policy. Provides that the complainant and respondent and any perpetrators directly impacted by the results of the complaint resolution procedure must receive the appeal decision, in writing, within 10 business days but in no case more than 15 business days (rather than within 7 calendar days but in no case more than 14 calendar days) after the conclusion of the review of findings or remedies or sooner if required by State or federal law. Removes a provision concerning enforcement; makes corresponding changes. Corrects typographical errors. Effective July 1, 2022. House Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the contents of the bill as amended by House Amendment 1 with the following change. Adds one member who represents an association representing rural school superintendents to the Ensuring Success in School Task Force. Effective July 1, 2022. Fiscal Note, House Floor Amendment No. 1 (IL State Board of Education) As amended by HA 1, HB 3223 will have a fiscal impact of$139,652.04 annually to the State Board of Education. The amendment will have an unknown fiscal impact on school districts_ State Mandates Fiscal Note, House Floor Amendment No. 1 (Dept. of Commerce & Economic Opportunity) This bill does not create a State Mandate. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the School Code and the Illinois School Student Records Act. In provisions concerning the suspension or expulsion of a pupil, adds references to guardians (rather than just parents). Provides that a student may disclose mitigating factors, such as the student's status as a parent, expectant parent, or victim of domestic or sexual violence, in suspension or expulsion hearings. Sets forth provisions concerning suspension and expulsion hearings. Provides that home instruction or correspondence courses must be made available to students who are unable to attend school because of pregnancy-related conditions, parenting obligations related to the health of a child, or health and safety concerns arising from domestic or sexual violence. Includes attendance at a medical or therapeutic appointment and appointments with a victim services provider as a valid cause for absence from school. Adds provisions to the Code concerning children and students who are parents, expectant parents, or victims of domestic or sexual violence, the purpose of which is to ensure that Illinois schools have policies, procedures, and protocols in place that ensure children and students who are parents, expectant parents, or victims of domestic or sexual violence are identified by schools in a manner respectful of their privacy and safety, treated with dignity and regard, and provided the protection, instruction, and related accommodations and services necessary to enable them to meet State educational standards and successfully attain a school diploma. Creates the Ensuring Success in School Task Force. Sets forth provisions concerning complaint resolution procedures and confidentiality. Makes changes to the Chicago School District Article of the School Code concerning the transfer of students. Amends the State Mandates Act to require implementation without reimbursement. Makes a conforming change to the Charter Schools Law. Makes other changes. Effective July 1, 2023. Senate Committee Amendment No. 2 Replaces everything after the enacting clause. Reinserts the contents of the engrossed bill as amended by Senate Amendment No. 1 with the following changes. Repeals the Section concerning the Ensuring Success in School Task Force on December 1, 2025 (instead of December 1, 2023). Amends the provisions concerning confidentiality. Requires each school district to adopt and ensure that the school has and implements a confidentiality policy regarding students. Provides that information about a student concerning whether the student has obtained assistance, support, or services (rather than only assistance or services) must be kept in strictest of confidence, except if the disclosure is permitted under (rather than in conflict with) certain State or federal laws or consented to in writing by the student or the student's parent or guardian. Provides that information about students may not be disclosed to any other individual outside of the district (rather than may not be disclosed to any other individual). With regard to domestic or sexual violence, provides that except as permitted (rather than except as required) under State or federal law, a school official may contact (instead of must not contact) the person named to be the perpetrator if the school official determines that the school official has an obligation to do so based on safety concerns or threats to the community, including the victim. Provides that a school district must not contact a person named by a student or the student's parent or guardian without providing prior written notice to the student or the student's parent or guardian (rather than without obtaining written permission from the student or the student's parent or guardian). Removes provisions requiring a school district to comply with the confidentiality provisions no later than July 1, 2024. Effective July 1, 2025.

Creates the Prior Authorization Reform Act. Provides requirements concerning disclosure and review of prior authorization requirements, denial of claims or coverage by a utilization review organization, and the implementation of prior authorization requirements or restrictions. Provides requirements concerning a utilization review organization's obligations with respect to prior authorizations in nonurgent circumstances, urgent health care services, and emergency health care services. Provides that a utilization review organization shall not require prior authorization under specified circumstances. Provides requirements concerning the length of prior authorizations. Provides that health care services are automatically deemed authorized if a utilization review organization fails to comply with the requirements of the Act. Provides that the Director of Insurance may impose an administrative fine not to exceed $250,000 for violations of the Act. Defines terms. Amends the Illinois Insurance Code to change the definition of "emergency medical condition". Amends the Managed Care Reform and Patient Rights Act to provide that companies that transact accident and health insurance shall comply with specified requirements of the Managed Care Reform and Patient Rights Act. Amends the Illinois Public Aid Code to provide that all managed care organizations shall comply with the requirements of the Prior Authorization Reform Act. Makes other changes. Effective January 1, 2022. House Floor Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Changes references from "utilization review organization" to "health insurance issuer" or "health insurance issuer or its contracted utilization review organization". Provides that a health insurance issuer or its contracted utilization review organization must ensure that all adverse determinations are made by a physician when the request is by a physician or a representative of a physician. Provides that a health insurance issuer shall periodically review its prior authorization requirements and consider removal of prior authorization requirements in specified circumstances (rather than a utilization review organization shall not require prior authorization in specified circumstances). In provisions concerning length of prior authorization approval, provides that a prior authorization approval shall be valid for the lesser of 12 months after the date the health care professional or health care provider receives the prior authorization approval or the length of treatment as determined by the patient's health care professional. In provisions concerning clinical review criteria of prior authorization requirements, removes language that provides that a utilization review organization shall seek input from actively practicing physicians representing major areas of the specialty who are not employees of the utilization review organization or consultants to the utilization review organization before establishing or substantially or materially altering written clinical review criteria. Removes language that provides that a utilization review organization shall not deny prior authorization of a health care service solely based on the grounds that a health care professional or health care provider judges a service, product, or procedure is medically appropriate for his or her patient even if it has not been formally approved for the specific condition being treated. In provisions concerning statistics that shall be made available regarding prior authorization approvals and denials, removes specified categories of information. In provisions concerning requirements applicable to the physician who can review consultations and appeals, removes language that provides that the physician must not be employed by a utilization review organization, be under contract with the utilization review organization other than to participate in one or more of the utilization review organization's health care professional networks or to perform reviews of appeals, or otherwise have any financial interest in the outcome of the appeal. Makes other changes. Effective January 1, 2022. House Floor Amendment No. 2 Deletes reference to: 215 ILCS 134/65 Adds reference to: 215 ILCS 5/155.36 Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following changes: In the Prior Authorization Reform Act, deletes a Section concerning obligations with respect to prior authorization concerning emergency health care services, and makes changes in provisions governing applicability; definitions; disclosure and review of prior authorization requirements; obligations with respect to prior authorizations; personnel qualified to make adverse determinations of a prior authorization request; adverse determinations; review of appeals; denials; length of prior authorization approval; continuity of care; effect of failure to comply with the Act; and administration and enforcement. Makes further changes in the Illinois Insurance Code in a Section concerning obligations under the Managed Care Reform and Patient Rights Act. Deletes changes made to the Managed Care Reform and Patient Rights Act in a Section concerning emergency services prior to stabilization. Effective January 1, 2022.

Amends the Department of Veterans' Affairs Act. Provides that a person or company advertising veterans' benefits appeal services must conspicuously disclose in the advertisement that such services are also offered at no cost by county veterans service officers. Provides that a person who provides veterans' benefits services in exchange for compensation shall (i) provide a written disclosure statement to each client or prospective client and (ii) obtain the client's signature on a written disclosure statement containing an attestation by the client that the client has read and understands the written disclosure statement. Directs the Department of Veterans' Affairs to investigate alleged violations and to submit the results of any investigation to the Office of the Attorney General if the Department concludes that a violation has occurred. Provides that if, upon review, the Attorney General decides to file a complaint, the Attorney General must do so within 90 days of receiving the results of the Department's investigation. Imposes a civil penalty not to exceed $1,000 for each violation of the amendatory Act. House Floor Amendment No. 1 Deletes reference to: 20 ILCS 2805/2 20 ILCS 2805/39 new Adds reference to: 815 ILCS 505/2WWW new Replaces everything after the enacting clause. Amends the Consumer Fraud and Deceptive Business Practices Act. Requires persons providing veteran or military benefit services to make disclosures that the benefits are available without charge. Provides that it is an unlawful practice under that Act to fail to make the required disclosure, fail to comply with fiduciary responsibilities under federal law, and to charge fees in violation of federal law.