Sen. John Connor

Amends the Criminal Code of 2012. Eliminates the January 1, 2023 sunset of the provision that exempts from an eavesdropping violation, with prior request to and written or verbal approval of the State's Attorney of the county in which the conversation is anticipated to occur, recording or listening with the aid of an eavesdropping device to a conversation in which a law enforcement officer, or any person acting at the direction of a law enforcement officer, is a party to the conversation and has consented to the conversation being intercepted or recorded in the course of an investigation of a qualified offense as defined in the provision. Effective immediately.

Creates the Emergency Situation Essential Caregiver Act. Presents the findings of the General Assembly. Provides that, during any emergency situation, essential caregivers shall be allowed to visit residents in accordance with the Act. Provides that residents of a facility shall be allowed to designate up to 3 essential caregivers who will be allowed to visit and provide care in accordance with this Act in the event of an emergency. Provides that current residents of a facility must be allowed to designate up to 3 essential caregivers within 10 business days of the Act's effective date. Requires facilities to establish specified policies and procedures regarding the designation of essential caregivers, visitations by essential caregivers, and scheduling of such visits that will be in effect during the time of any emergency situation. Provides that residents who are unreasonably denied access to an essential caregiver are entitled to recover statutory damages from the facility of up to $10,000 per day that access is unreasonably denied. Contains an immunity provision for facilities, facility employees, or facility contractors who act in good faith to implement the Act's requirements. Provides that the Act may not be suspended or modified by Executive Order. Contains other provisions. Effective immediately.

Amends the State Commemorative Dates Act. Provides that the month of October of each year is designated as Italian Heritage Month to be observed throughout the State as a month to recognize the contributions and influence of Italians on American history, achievement, culture, and innovation.

Creates the Agritourism Liability Act. Provides that an agritourism operator is not liable for the injury or death of a participant resulting from the inherent risks of agritourism activities if the agritourism operator posts the prescribed warning notice. Provides that a participant assumes the inherent risks of an agritourism activity by engaging in the agritourism activity. Provides that no participant may pursue an action or recover from an agritourism operator for injury, loss, damage, or death of the participant resulting from any of the inherent risks of agritourism activities. Provides that nothing prevents or limits the liability of an agritourism operator if the agritourism operator: (1) commits an act or omission that constitutes willful or wanton disregard for the safety of the participant and that act or omission proximately causes injury, damage, or death to the participant; or (2) has actual knowledge or reasonably should know of an unusual dangerous condition on the land, facilities, or equipment used in the activity or the dangerous propensity of a particular animal used in such an activity, does not make the danger known to the participant, and the danger proximately causes injury, damage, or death to the participant. Provides that an agritourism operator shall post and maintain a warning notice in a clearly visible location at or near the entrance to the agritourism activity. Effective July 1, 2021.

Amends the Illinois Income Tax Act. Provides that a taxpayer who may claim a qualifying student as a dependent is allowed a credit of up to $2,000 for qualified tuition and fee expenses paid by the taxpayer. Provides that the term qualifying student means a person who (i) is a resident of the State, (ii) is under the age of 24 at the close of the school year for which a credit is sought, and (iii) during the school year for which a credit is sought, is a full-time student enrolled in a program at a qualifying college or university. Effective immediately.

Appropriates $246,800,000 from the General Revenue Fund to the Department of Human Services for a full second year implementation of all of the rate methodology recommendations contained within the Illinois Developmental Disabilities Services Rate Study Regarding Residential Services and Related Supports. Effective July 1, 2022.

Amends the Maternal Mental Health Conditions Education, Early Diagnosis, and Treatment Act. Makes a technical change in a Section concerning the short title.

Amends the Illinois Insurance Code. Provides that no provision of the Illinois Insurance Code or any other law prohibits an insured under any policy of life insurance, or any other person who may be the owner of any rights under such policy, from making an irrevocable assignment of all or any part of his or her rights and privileges, not to exceed the purchase price of the prepaid burial contract, under the policy to a funeral home and to have an individual policy issued in accordance with specified provisions of the Illinois Insurance Code. Amends the Illinois Funeral or Burial Funds Act. Provides that nothing shall prohibit the purchaser of a life insurance policy or tax-deferred annuity contract for the purpose of funding a pre-need contract from irrevocably assigning ownership of the policy or annuity to a funeral home (rather than person) or trust for the purpose of obtaining favorable consideration for Medicaid, Supplemental Security Income, or another public assistance program, as permitted under federal law. Amends the Illinois Public Aid Code. In a provision requiring the Department of Healthcare and Family Services to exempt certain prepaid funeral or burial contracts from consideration when making an eligibility determination for medical assistance, provides that at any time after submitting an application for medical assistance and before the Department makes a final determination of eligibility, an applicant may use available resources to purchase one of the exempted prepaid funeral or burial contracts. House Committee Amendment No. 1 Deletes reference to: 215 ILCS 5/245.3 new 225 ILCS 45/2a Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill but without the amendatory changes made to the Illinois Insurance Code and the Illinois Funeral or Burial Funds Act. House Floor Amendment No. 2 Adds reference to: 215 ILCS 5/245.3 new 225 ILCS 45/1a from Ch. 111 1/2, par. 73.101a 225 ILCS 45/2a 225 ILCS 45/2b new Replaces everything after the enacting clause. Amends the Illinois Insurance Code. Provides that an insured or any other person who may be the owner of rights under a policy of life insurance may make an irrevocable assignment of all or a part of his or her rights under the policy to a funeral home in accordance with a specified provision of the Illinois Funeral or Burial Funds Act. Provides that a policy owner who executes a designation beneficiary form irrevocably waives and cannot exercise certain rights, including the right to collect from the insurance company the net proceeds of the policy when it becomes a claim by death and the right to collect or receive income, distributions, or shares of surplus, dividend deposits, refunds of premium, or additions to the policy. Amends the Illinois Funeral or Burial Funds Act. In a provision concerning pre-need contracts funded through the purchase of a life insurance policy or tax-deferred annuity contract, provides that nothing shall prohibit the purchaser from irrevocably assigning ownership of the policy or annuity to a person or trust or from irrevocably assigning the benefits of the policy or annuity to a funeral home for the purpose of obtaining favorable consideration for Medicaid, Supplemental Security Income, or another public assistance program. Provides that the form prepared by the Department of Healthcare and Family Services or by the insurance company shall provide for an irrevocable designation of beneficiary of one or more life insurance policies. Requires the insured or any other person who may be the owner of rights under the policy of whole life insurance to sign a guaranteed pre-need contract with the provider that describes the cost of the funeral goods and services to be provided upon the person's death, up to $6,774, in addition to the purchase of burial spaces as defined under the Act. Requires the licensee to annually report certain information to the Comptroller. Requires the proceeds of the life insurance policy to be paid to the provider and disbursed in a certain order upon the death of the insured. Amends the Medical Assistance Article of the Illinois Public Aid Code. In a provision requiring the Department of Healthcare and Family Services to exempt certain prepaid funeral or burial contracts from consideration when making an eligibility determination for medical assistance, provides that at any time after submitting an application for medical assistance and before the Department makes a final determination of eligibility, an applicant may use available resources to purchase one of the exempted prepaid funeral or burial contracts. Exempts up to $6,774 (rather than $5,874) in funds under an irrevocable prepaid funeral or burial contract when determining an individual's resources and eligibility for medical assistance. Provides that existing life insurance policies are exempt if there has been an irrevocable declaration of proceeds at the death of the insured. Requires the insured person to sign an irrevocable designation of beneficiary form declaring that any amounts payable from the policies not used for funeral goods and services shall be received by the State up to an amount equal to the total medical assistance paid on behalf of the person with any remaining funds paid to a secondary beneficiary (if any) listed on the policy.

Amends the Small Wireless Facilities Deployment Act. Provides that a wireless provider may be required to provide the following additional information when seeking a permit to collocate small wireless facilities: (i) a written affidavit signed by a radio frequency engineer with specified certifications; (ii) a written report that analyzes acoustic levels for the small wireless facility and all associated equipment; (iii) information showing the small wireless facility has received any required review by the FCC under the National Environmental Policy Act; and (iv) a certified copy of the original easement documents and other supporting documentation demonstrating that the applicant has the right to install, mount, maintain, and remove a small wireless facility and associated equipment in specified circumstances. Provides that an authority may propose that the small wireless facility be collocated on an existing utility pole or existing wireless support structure within 200 feet (rather than 100 feet) of the proposed collocation. In provisions prohibiting an authority from requiring an application, approval, or permit or requiring any fees or other charges from a communications service provider authorized to occupy the rights-of-way for the replacement of wireless facilities with wireless facilities that are substantially similar, clarifies when changes are not "substantially similar". Provides that an authority may adopt reasonable rules requiring providers to place above-ground small wireless facilities and associated equipment and to replace larger, more visually intrusive small wireless facilities with smaller, less visually intrusive facilities. Adds provisions concerning radio frequency compliance. Makes other changes. Effective immediately.

Amends the Illinois Criminal Justice Information Act. Creates the Statewide Deferred Prosecution Funding Program, to provide grants to State's Attorneys to operate deferred prosecution programs for misdemeanor offenses. Provides eligibility requirements and rulemaking authority for the Illinois Criminal Justice Information Authority Act. Creates the Statewide Deferred Prosecution Funding Program Fund. Amends the State Finance Act to make a conforming change.