Sen. Andrew Chesney

Amends the Criminal Code of 2012. Changes the definition of "gambling device" to include any vending or other electronic machine or device, including, without limitation, a machine or device that awards credits and contains a circuit, meter, or switch capable of removing and recording the removal of credits that offers a person entry into any contest, competition, sweepstakes, scheme, plan, or other selection process that involves or is dependent upon an element of chance for which the person may receive a gift, award, or other item or service of value if that offer is incidental to or results from: (A) the purchase of an item or service of value; or (B) the purchase or gratuitous receipt of a coupon, voucher, certificate, or other similar credit that can be redeemed for or applied towards an item or service of value from such machine or device or elsewhere. Provides that participants in a game of skill or chance where money or other things of value can be won but no payment or purchase is required to participate shall not be convicted of gambling except where participation in such game of skill or chance is accomplished using a gambling device prohibited by these changes to the definition. Further provides that a gambling offense involving such a gambling device is a Class 4 felony. Amends the Video Gaming Act. Removes a provision allowing for the use of a game device without a license if the game device is used in an activity that is not gambling under the Criminal Code of 2012. Effective immediately.

Amends the Department of Healthcare and Family Services Law. Provides that the Department of Healthcare and Family Services shall approve veteran support specialists who are certified by, and in good standing with, the Illinois Alcohol and Other Drug Abuse Professional Certification Association, Inc. to provide peer support services to recipients of medical assistance under Article V of the Illinois Public Aid Code.

Creates the Agritourism Liability Act. Provides that an agritourism operator is not liable for injury or death of a participant resulting from the inherent risks of agritourism activities if the agritourism operator posts the required 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.

Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act. Provides that, beginning on July 1, 2020, breast pumps, breast pump collection and storage supplies, and breast pump kits are exempt from the taxes imposed under those Acts. Effective immediately.

Amends the Sex Offender Registration Act. Provides for registration under the Act of a person convicted of a battery if: (1) the State's Attorney filed a notice contemporaneous with or included in the summons, complaint, or other document charging the battery to seek sex offender registration under the provision as a sexually motivated battery; (2) the complaining witness is under 17 years of age; (3) the offender is 21 years of age or older; and (4) the court finds that the battery was "sexually motivated" as defined in the Sex Offender Management Board Act.

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 program, and the implementation of prior authorization requirements or restrictions. Provides requirements concerning a utilization review program's obligations with respect to prior authorizations in nonurgent circumstances, urgent health care services, and emergency health care services. Provides that a utilization review program 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 program 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 Managed Care Reform and Patient Rights Act to provide that an insurer that provides prescription drug benefits must comply with the requirements of the Prior Authorization Reform Act. Provides that if prior authorization for covered post-stabilization services is required by a health care plan, the plan shall comply with the requirements of the Prior Authorization Reform 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, 2021.

Amends the Counties Code. Provides that the corporate authorities of Jo Daviess County may impose up to a 1% additional hotel tax in the county if the tax is approved by referendum initiated by a petition or by ordinance of the corporate authorities of the county. Prohibits taxes from being imposed on gross rental receipts of permanent residents of a hotel, motel, or resort. Provides that the additional hotel tax shall be used by the county for the costs associated with providing infrastructure, police protection, and emergency services in support of tourism and conventions within the county. Effective immediately.

Amends the Firearm Owners Identification Card Act and the Firearm Concealed Carry Act. Provides that if a Firearm Owner's Identification Card of a licensee under the Firearm Concealed Carry Act expires during the term of a concealed carry license, the Firearm Owner's Identification Card and the license remain valid and the licensee does not have to renew his or her Firearm Owner's Identification Card. Provides that the Illinois State Police shall automatically renew the licensee's Firearm Owner's Identification Card and send a renewed Firearm Owner's Identification Card to the licensee unless the Illinois State Police has reason to believe the person is no longer eligible for the Card.

Amends the Sex Offender Registration Act. Provides for registration under the Act of a person who committed a violation or attempted violation of the unauthorized video recording and live video transmission offense if the court: (1) finds that the offense was sexually motivated as defined in the Sex Offender Management Board Act; and (2) in its discretion requires the person to register under the Act.

Amends the Illinois Vehicle Code. Repeals a Section providing authority to use automated traffic law enforcement systems at intersections in which cameras are used to photograph or video record a motor vehicle's failure to stop and yield as required by traffic control signals. Imposes limits on the power of local governments to use automated speed enforcement systems to provide recorded images of a motor vehicle for the purpose of recording its speed. Denies home rule powers. Amends the State Mandates Act to require implementation without reimbursement from the State. Makes conforming and other technical changes. Effective immediately.