Sen. Rachelle Crowe

Amends the Motor Vehicle Franchise Act. Provides that the sale of motor vehicles by unlicensed dealers shall be prohibited (rather than should be prevented). Changes the manner in which dealers are reimbursed by manufacturers. Provides that manufacturers must pay a dealer no less than the amount a retail customer pays the dealer for the same services. Authorizes the use of agreed upon time guides. Applies to warranty work and factory recalls. Establishes a manner of determining effective labor rates.

Amends the School Code. Makes a technical change in a Section concerning an early childhood education block grant. House Floor Amendment No. 1 Deletes reference to: 105 ILCS 5/1C-2 Adds reference to: 105 ILCS 5/27-13.2 from Ch. 122, par. 27-13.2 Replaces everything after the enacting clause. Amends the School Code. Requires instruction, study, and discussion in grades kindergarten through 8 on effective methods for the prevention and avoidance of drugs and the dangers of opioid and substance abuse (rather than effective methods for the prevention and avoidance of drug and substance abuse). Effective immediately.

Amends the Line of Duty Compensation Act. Includes probation officers within the scope of the Act.

Amends the Illinois Secure Choice Savings Program Act. Provides that the Act applies to employers with at least one employee, rather than fewer than 25 employees. Provides for automatic increases in contributions. Makes changes regarding penalties for employers who fail, without reasonable cause, to enroll an employee in the Program. Provides that, for purposes of the penalties, the Department of Revenue shall determine total employee count for employers using the annual average from employer-reported quarterly data. Provides that the Department may provide notice regarding penalties in an electronic format to be determined by the Department. Removes a provision stating that penalty provisions shall become operative 9 months after the Illinois Secure Choice Savings Board notifies the Director of Revenue that the Program has been implemented. Makes other changes. House Committee Amendment No. 1 Provides that the Act applies to employers with at least 5 employees, rather than at least one employee. (Current law applies to employers with fewer than 25 employees.) Provides that a small employer is an employer that employed less than 5 employees during any quarter of the previous calendar year, rather than less than 25 employees at any one time throughout the previous calendar year. Provides enrollment deadlines. Provides that small employers may, but are not required to, establish payroll deduction arrangements for retirement savings arrangements.

Amends the Illinois Procurement Code. Requires the Department of Central Management Services to submit an annual report concerning certifications issued to veteran-owned small businesses and service-disabled veteran-owned small businesses. Requires the Department to conduct a minimum of 2 outreach events per year to ensure that veteran-owned small businesses and service-disabled veteran-owned small businesses know about the procurement opportunities and certification requirements with the State. Adds additional requirements concerning the certification program for veteran-owned small businesses and service-disabled veteran-owned small businesses. Provides that the Department of Central Management Services, in consultation with the Department of Veteran Affairs, may develop programs and agreements to encourage cities, counties, towns, townships, and other certifying entities to adopt uniform certification procedures and certification recognition programs. Provides that a business shall be certified by the Department of Central Management Services as a service-disabled veteran-owned small business or a veteran-owned small business if the Department determines that the business has been certified as a service-disabled veteran-owned small business or a veteran-owned small business by the Vets First Verification Program of the United States Department of Veterans Affairs, and the business has provided to the Department with specified information. Provides that the policies of the Department of Central Management Services regarding recognition of the Vets First Verification Program shall be reviewed annually. Effective immediately.

Amends the Revised Uniform Unclaimed Property Act. Makes a technical change in a Section concerning the short title. Senate Floor Amendment No. 1 Deletes reference to: 765 ILCS 1026/15-101 Adds reference to: New Act 5 ILCS 175/5-115 5 ILCS 175/5-120 5 ILCS 175/5-125 5 ILCS 175/10-130 755 ILCS 5/1-2.18 755 ILCS 5/1-2.25 new 755 ILCS 5/1-2.26 new 755 ILCS 5/6-5 755 ILCS 5/6-6 755 ILCS 5/8-1 755 ILCS 5/8-2 Replaces everything after the enacting clause. Creates the Electronic Wills and Remote Witnesses Act. Provides that an electronic will shall be executed by the testator or by some person in the testator's presence and at the testator's direction, and attested to in the testator's presence by 2 or more credible witnesses. Provides for the revocation of an electronic will. Provides that an electronic will is a digital asset and any person or business in possession of an electronic will is a custodian. Provides for certified copies. Provides that a person may witness any document, other than a will, using audio-video communication between the individual's signing the document and the witness. Provides for remote attestation for a will. Provides methods for determining a signer's or testator's identity. Provides for the verification of an electronic will when a petition to have an electronic will admitted to probate is filed. Provides for: admission of a paper copy of an electronic will; admission of a will attested to by a witness who is physically present; admission of a will attested to by a remote witness; and admission of a will signed under the Electronic Commerce Security Act. Provides that nothing prohibits any party from introducing evidence of fraud, forgery, compulsion, or other improper conduct which in the opinion of the court is deemed sufficient to invalidate the will when being admitted. Provides for: formal proof of a will with a remote witness; formal proof of an electronic will; and formal proof of a will witnessed under the Electronic Commerce Security Act. Makes corresponding changes in the Electronic Commerce Security Act and the Probate Act of 1975. Effective immediately. House Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the engrossed bill, and makes the following change: In the Electronic Wills and Remote Witnesses Act, provides that, effective March 26, 2020 and ending 30 days after the expiration of the Governor's emergency declaration regarding COVID-19, a notarial act or an act of witnessing may be performed through means of 2-way audio-video communication technology that allows for direct contemporaneous interaction by sight and sound between the individual signing the document, the witness, and the notary public. Effective immediately.

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 Illinois Anatomical Gift Act. Deletes language providing that no hospital, physician and surgeon, procurement organization, or other person shall determine the ultimate recipient of an anatomical gift based upon a potential recipient's physical or mental disability, except to the extent that the physical or mental disability has been found by a physician and surgeon, following a case-by-case evaluation of the potential recipient, to be medically significant to the provision of the anatomical gift. Provides instead that a hospital, physician and surgeon, procurement organization, or other person shall not, solely on the basis of an individual's mental or physical disability: deem an individual ineligible to receive an anatomical gift or organ transplant; deny medical and other services related to organ transplantation, including evaluation, surgery, counseling, postoperative treatment, and services; refuse to refer the individual to a transplant center or other related specialist for the purpose of evaluation for or receipt of an organ transplant; refuse to place an individual on an organ transplant waiting list or place an individual at a lower priority position on the waiting list than the position at which the individual would have been placed if not for the individual's disability; or decline insurance coverage for any procedure associated with the receipt of the anatomical gift, including posttransplantation care. Provides that a hospital, physician and surgeon, procurement organization, or other person may take an individual's disability into account when making treatment or coverage recommendations or decisions solely to the extent that the physical or mental disability has been found by a physician or surgeon, following an individualized evaluation of the potential recipient, to be medically significant to the provision of the anatomical gift. Senate Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following changes: Provides that a hospital, physician and surgeon, procurement organization, or other person shall not, solely on the basis of an individual's mental or physical disability, if an individual has the necessary support system to assist the individual in complying with posttransplant medical requirements, consider the individual's inability to independently comply with posttransplant medical requirements to be medically significant. Provides that a covered entity shall make reasonable modifications to its policies, practices, or procedures to allow individuals with disabilities access to transplantation-related services, unless the covered entity can demonstrate that making such modifications would fundamentally alter the nature of such services. Provides that a covered entity shall take steps necessary to ensure that an individual with a disability is not denied medical services or other services related to organ transplantation due to the absence of auxiliary aids or services, unless the covered entity demonstrates that taking the steps would fundamentally alter the nature of the medical services or other services related to organ transplantation or would result in an undue burden for the covered entity. Senate Floor Amendment No. 2 Deletes language providing that: a covered entity shall make reasonable modifications to its policies, practices, or procedures to allow individuals with disabilities access to transplantation-related services unless the covered entity can demonstrate that making such modifications would fundamentally alter the nature of such services; and a covered entity shall take steps necessary to ensure that an individual with a disability is not denied medical services or other services related to organ transplantation, due to the absence of auxiliary aids or services, unless the covered entity demonstrates that taking the steps would fundamentally alter the nature of the medical services or other services related to organ transplantation or would result in an undue burden for the covered entity. Provides instead that a covered entity shall comply with the requirements of the Americans with Disabilities Act of 1990 and its implementing regulations in making reasonable modifications to its policies or procedures in response to a request from an individual with disabilities regarding access to transplantation-related services. Adds a definition for "covered entity".

Amends the Downstate Teacher Article of the Illinois Pension Code. Repeals a provision requiring the System to offer an optional defined contribution benefit to active members of the System. Effective immediately. House Committee Amendment No. 1 Deletes reference to: 40 ILCS 5/16-204 rep. Adds reference to: 40 ILCS 5/3-110.10 40 ILCS 5/7-139.14 new 30 ILCS 805/8.45 new Replaces everything after the enacting clause. Amends the Downstate Police and Illinois Municipal Retirement Fund (IMRF) Articles of the Illinois Pension Code. Provides that within 6 months after the effective date of the amendatory Act, a person may transfer to a fund established under the Downstate Police Article creditable service accumulated under IMRF for service as a sheriff's law enforcement employee, person employed by a participating municipality to perform police duties, or law enforcement officer employed on a full-time basis by a forest preserve district upon payment to the police pension fund of a specified amount to be determined by the board. Provides that any person applying to transfer service under the provisions may reinstate credits and creditable service under IMRF that were terminated upon receipt of a separation benefit by paying to IMRF the amount of the separation benefit plus interest thereon at the actuarially assumed rate of interest to the date of payment. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

Amends the Illinois Optometric Practice Act of 1987. Provides that an optometrist licensed under the Act may practice optometry through telehealth as authorized by the Act and the Telehealth Act. Provides that an optometrist treating a patient located in Illinois through telehealth must be licensed under the Act. Provides that an optometrist practicing optometry through telehealth is subject to the same standard of care and practice standards that are applicable to optometric services provided in a clinic or office setting. Provides that an optometrist may not provide telehealth services unless the optometrist has established a provider-patient relationship with the patient. Provides that an optometrist treating a patient through telehealth must perform a minimum eye examination as required by the Illinois Administrative Code before prescribing eyeglasses or contact lenses to the patient. Provides that if the Department of Financial and Professional Regulation has reason to believe that a person has violated the provisions of the Act, it may issue a rule to show cause why an order to cease and desist should not be entered against that person. Provides that the rule shall clearly set forth the grounds relied upon by the Department and shall provide a period of 7 days from the date of the rule to file an answer to the satisfaction of the Department. Provides that failure to answer to the satisfaction of the Department shall cause an order to cease and desist to be issued immediately. Defines terms. Senate Floor Amendment No. 1 Provides that if there is any conflict between the provisions of the Illinois Optometric Practice Act of 1987 and the provisions of the Telehealth Act, the provisions of the Illinois Optometric Practice Act of 1987 control. Provides that an optometrist may treat a patient through telehealth in the absence of a provider-patient relationship when, in the professional judgment of the optometrist, emergency care is required. Provides that an optometrist treating a patient through telehealth must perform at least a minimum eye examination (rather than must perform a minimum eye examination) before prescribing eyeglasses or contact lenses to the patient.