Sen. Sara Feigenholtz

Amends the Code of Criminal Procedure of 1963. Creates a bill of rights for children of incarcerated parents. Provides that the Department of Corrections, the county sheriff, or county correctional department shall develop and implement policies and practices that adhere to the bill of rights for decisions that impact incarcerated individuals with children. Effective immediately. Correctional Note (Dept of Corrections) There is no fiscal or population impact on the department. House Floor Amendment No. 3 Deletes reference to: 725 ILCS 5/106F-5 Adds reference to: 725 ILCS 5/106F-15 new 725 ILCS 5/106F-20 new Replaces everything after the enacting clause. Amends the Code of Criminal Procedure of 1963. Creates the Task Force on Children of Incarcerated Parents. Provides for membership of the Task Force. Provides that the Office of the Lieutenant Governor shall provide administrative and technical support to the Task Force and shall be responsible for administering its operations, appointing a chairperson, and ensuring that the requirements of the Task Force are met. Provides that the Task Force shall have all appointments made within 30 days of the effective date of the amendatory Act. Provides that the first meeting shall be held no later than August 1, 2019. Provides that the Task Force shall review available research, best practices, and effective interventions to formulate recommendations. Provides that the Task Force shall submit a report of its findings and recommendations to the General Assembly and the Governor by December 31, 2019. Makes other changes. Effective immediately.

Creates the Lodging Establishment Human Trafficking Recognition Training Act. Requires hotels and motels to train employees in the recognition of human trafficking and protocols for reporting observed human trafficking to the appropriate authority. Provides that the Department of Labor shall develop the curriculum for the training. Requires the training program to be developed by January 1, 2020 and training by hotels and motels to begin by June 1, 2020. Effective immediately. House Committee Amendment No. 1 Replaces everything after the enacting clause with the contents of the introduced bill with changes. Limits the scope of the training requirement to employees who routinely interact with guests. Requires lodging establishments to provide its employees with training within 6 months of beginning employment and every 2 years thereafter. Provides for the Department of Human Services rather than the Department of Labor to administer the Act. Provides that a lodging establishment may use its own training curriculum or that of a third party if the curriculum meets minimum standards. Effective immediately. Senate Committee Amendment No. 1 Provides that the Department of Human Services may consult, rather than obtain approval of, the United States Department of Justice for the human trafficking recognition training program developed under the Act. Provides that the human trafficking recognition training program shall be developed and published no later than July 1, 2020, rather than January 1, 2020.

Amends the Civil Administrative Code of Illinois. Provides that, except as otherwise provided by law, no department shall deny an occupational or professional license based solely on the applicant's citizenship status or immigration status. Amends the Illinois Explosives Act to allow a person admitted for permanent residence to qualify for licensure. Amends the Illinois Plumbing License Law, the Water Well and Pump Installation Contractor's License Act, the Illinois Horse Meat Act, the Liquor Control Act of 1934, and the Safety Deposit License Act to remove references to United States citizenship as a prerequisite for licensure. Amends the Coal Mining Act to remove references to United States citizenship as a prerequisite and references to the ability to speak and understand the American Language. Makes other changes. Senate Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. In the Illinois Explosives Act, allows a person lawfully admitted for permanent residence (rather than a person admitted for permanent residence) to qualify for licensure. In the Coal Mining Act, restores references to United States citizenship and adds references to persons lawfully admitted for permanent residence. Adds an immediate effective date.

Amends the Electronic Fund Transfer Act. Makes a technical change in a Section concerning powers and duties under the Act. House Committee Amendment No. 1 Deletes reference to: 205 ILCS 616/20 Adds reference to: New Act 5 ILCS 140/7.5 5 ILCS 375/6.11 215 ILCS 5/Art. XXXIIB heading new 215 ILCS 5/513b1 new 215 ILCS 5/513b2 new 215 ILCS 5/513b3 new 215 ILCS 5/513b4 new 215 ILCS 5/513b5 new 215 ILCS 5/513b6 new 215 ILCS 125/5-3 from Ch. 111 1/2, par. 1411.2 215 ILCS 134/30 215 ILCS 134/65 225 ILCS 85/42 new 305 ILCS 5/5-36 new Replaces everything after the enacting clause. Amends the Illinois Insurance Code. Provides that a contract between a health insurer and a pharmacy benefit manager must:(1) require the pharmacy benefit manager to update maximum allowable cost pricing information and maintain a process that will eliminate drugs from maximum allowable cost lists or modify drug prices to remain consistent with changes in pricing data; (2) prohibit the pharmacy benefit manager from limiting a pharmacist's ability to disclose the availability of a more affordable alternative drug; and (3) prohibit the pharmacy benefit manager from requiring an insured to make a payment for a prescription drug in an amount that exceeds the lesser of the applicable cost-sharing amount or the retail price of the drug. Contains provisions concerning the inclusion of prescription drugs on a maximum allowable cost list, State licensing requirements for pharmacy benefit managers, and other matters. Makes conforming changes to other Acts. Amends the Managed Care Reform and Patient Rights Act. Provides that a health care plan shall apply any third-party payments for prescription drugs. Makes changes to provisions concerning the denial of coverage for emergency services. Amends the Illinois Public Aid Code. Provides that the Department of Healthcare and Family Services may enter into a contract with any third party on a fee-for-service reimbursement model for the purpose of administering pharmacy benefits. Requires the Department to ensure coordination of care between the third-party administrator and managed care organizations as a consideration in any contracts established. Amends the Freedom of Information Act to exempt from disclosure certain information pharmacy benefits managers are required to provide under the Illinois Public Aid Code. Contains a severability provision. House Floor Amendment No. 2 Deletes reference to: 215 ILCS 134/65 Adds reference to: 5 ILCS 140/7 215 ILCS 134/10 Replaces everything after the enacting clause. Reinserts the provisions of House Amendment No. 1, but with the following changes: Further amends the Illinois Insurance Code. In a provision concerning contracts between health insurers and pharmacy benefit managers, provides that such contracts must require pharmacy benefit managers to: (1) update maximum allowable cost pricing information at least every 7 calendar days; (2) provide access to its maximum allowable cost list to each pharmacy or pharmacy services administrative organization, as defined, subject to the maximum allowable cost list; (4) provide a process by which a contracted pharmacy can appeal the provider's reimbursement for a drug subject to maximum allowable cost pricing; and other matters. Regarding a drug on the maximum allowable cost list, requires pharmacy benefits managers to ensure that: (i) if a drug is a generically equivalent drug, it is listed as therapeutically equivalent and pharmaceutically equivalent to certain rating standards; (ii) the drug is available for purchase by each pharmacy in the State from national or regional wholesalers operating in Illinois; and (ii) the drug is not obsolete (rather than requiring a drug to have at least 3 or more nationally available, therapeutically equivalent, multiple source generic drugs with a significant cost difference and be available for purchase without limitations by all pharmacies in the State from national or regional wholesalers). Permits the Director of Insurance to examine a pharmacy benefit manager's designee, representative, or other specified persons (rather than any individual) about the business of the pharmacy benefit manager. Contains provisions concerning the denial of a pharmacy benefits manager's registration application or the suspension or revocation of a pharmacy benefits manager's registration. Defines terms. Further amends the Managed Care Reform and Patient Rights Act. Makes changes to the definition of "emergency medical condition". Removes changes made to a provision concerning the denial of coverage and payment for emergency services provided without prior authorization or an approved plan. Further amends the Illinois Public Aid Code. Makes changes to certain reporting requirements imposed on the Director of Healthcare and Family Services. Requires a pharmacy benefit manager to make certain disclosures to the Department of Healthcare and Family Services upon request. Requires a pharmacy benefit manager to make certain written disclosures to a pharmacy provider or pharmacy services administrative organization. Defines "pharmacy services administrative organization." Requires the Department to adopt rules establishing reasonable dispensing fees for fee-for-service payments in accordance with guidance or guidelines from the federal Centers for Medicare and Medicaid Services.

Amends the Illinois Public Aid Code. Changes all references to "Food Stamp Program" to "Supplemental Nutrition Assistance (SNAP) Program". Changes all references to the "Food Stamp Employment and Training Program" to the "SNAP Employment and Training Program". Provides that the SNAP Employment and Training Program shall be voluntary in every county except those in which the Department of Human Services can show that there are sufficient program slots for at least the majority of the county's current non-exempt work registrants. Provides that persons who fail to cooperate with the SNAP Employment and Training Program in counties where available program slots exist for at least the majority of that county's current work registrants shall become ineligible for SNAP benefits according to SNAP regulations. Effective immediately. House Committee Amendment No. 1 Provides that the Supplemental Nutrition Assistance Program Employment and Training (SNAP E&T) program operated by the Department of Human Services may only be mandatory in counties where the Department can show that there are sufficient program slots for at least the majority of the county's current non-exempt work registrants (rather than the SNAP E&T program shall be voluntary in every county except those in which the Department can show that there are sufficient program slots for at least the majority of the county's current non-exempt work registrants). Provides that nothing in the amendatory Act shall prevent the Department from operating a fully voluntary SNAP E&T program.

Amends the Illinois Public Aid Code. Requires the Illinois Student Assistance Commission (ISAC) to identify and flag college students who are potentially eligible to receive Supplemental Nutrition Assistance Program (SNAP) benefits. Provides that the factors to be used to determine potential SNAP eligibility shall be prescribed by ISAC in consultation with the Department of Human Services, but at a minimum shall include income information reported on a college student's Free Application for Federal Student Aid. Requires ISAC, in consultation with the Department of Human Services, to develop a notice that ISAC shall make available electronically to institutions of higher education that includes, at a minimum, college student SNAP eligibility criteria, the Application for Benefits Eligibility's website address, and the Illinois Hunger Coalition's Hunger Hotline. Requires Illinois institutions of higher education that participate in the Monetary Award Program to provide the notice in writing to all students who are enrolled or accepted for enrollment and are identified by ISAC as potentially SNAP eligible. Requires ISAC to adopt rules. Effective immediately. Senate Committee Amendment No. 1 Adds reference to: 305 ILCS 5/12-4.13b Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill, but with the following changes and additions: Provides that the Department of Human Services shall consult with the Illinois Workforce Innovation Board (rather than with the Illinois Workforce Investment Board) to establish a protocol to identify and verify all potential exemptions to certain federal eligibility rules under the Supplemental Nutrition Assistance Program (SNAP). Provides that a career and technical educational program approved by the Illinois Community College Board that could be a component of a SNAP Employment and Training (E&T) program, as identified by the Department of Human Services, shall be considered an employment and training program under a specified provision of the Code of Federal Regulations, unless prohibited by federal law. In provisions requiring the Illinois Student Assistance Commission (ISAC) to adopt rules concerning SNAP eligibility notifications to college students, requires ISAC to adopt the rules on or before October 1, 2020 (rather than on or before October 1, 2019). Effective immediately. House Committee Amendment No. 1 Requires the Illinois Student Assistance Commission (ISAC) to annually include information about the Supplemental Nutrition Assistance Program (SNAP) in the language that schools are required to provide to students eligible for the Monetary Award Program grant (rather than requiring ISAC to identify and flag college students who are potentially eligible to receive SNAP benefits). Provides that the language shall, at a minimum, direct students to information about college student eligibility criteria for SNAP, and direct students to the Department of Human Services and to the Illinois Hunger Coalition's Hunger Hotline for additional information. Requires Illinois institutions of higher education that participate in the Monetary Award Program (MAP) to provide the notice to all students who are enrolled, or who are accepted for enrollment and intending to enroll, and who have been identified by ISAC as MAP-eligible at the institution (rather than requiring ISAC to develop, in consultation with the Department of Human Services, an electronic notice for institutions of higher education that includes, at a minimum, college student SNAP eligibility criteria, the Application for Benefits Eligibility's website address, and the Illinois Hunger Coalition's Hunger Hotline).

Amends the Illinois Insurance Code. Requires an individual or group policy of accident and health insurance or managed care organization that provides mental health benefits to provide reimbursement for benefits that are delivered through the psychiatric Collaborative Care Model. Provides that an individual or group policy of accident and health insurance or managed care organization that provides mental health benefits may deny reimbursement of any current procedural terminology code listed on the grounds of medical necessity if medical necessity determinations are in compliance with federal law and related regulations. Makes conforming changes to the Illinois Public Aid Code. Effective immediately. Senate Floor Amendment No. 1 Replaces the definition of "psychiatric Collaborative Care Model" with language providing that the term means the evidence-based, integrated behavioral health service delivery method, which includes a formal collaborative arrangement among a primary care team consisting of a primary care provider, a care manager, and a psychiatric consultant, and includes, but is not limited to, the following elements: care directed by the primary care team; structured care management; regular assessments of clinical status using validated tools; and modification of treatment as appropriate. House Floor Amendment No. 1 Changes the immediate effective date to January 1, 2020.

Amends the Evidence Article of the Code of Civil Procedure. Provides that evidence of a person's immigration status is not admissible in any civil proceeding unless: it is essential to prove an element of a claim or an affirmative defense; or a person or his or her attorney voluntarily reveals his or her immigration status to the court. Provides that a party intending to offer evidence regarding a person's immigration status shall file a written motion at least 14 days before trial. Provides that the court shall conduct an in camera hearing to review the probative value of the person's immigration status. Provides that if the court finds that the probative value of the person's immigration status outweighs its prejudicial nature, the court shall make findings of fact and conclusions of law regarding the permitted use of the evidence. Provides that the motion, related papers, and the record of the hearing shall be sealed and remain under seal unless the court orders otherwise. Provides that a party who communicates to a person or witness any threat to or actually disclose a person's or witness's immigration status to any entity or immigration or law enforcement agency with the intent to deter the person from testifying commits a Class C misdemeanor. Senate Floor Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill and makes the following changes: Provides that evidence is also admissible if it is offered to prove an interest or bias of a witness, if it does not cause confusion of the issues or mislead the trier of fact, and the probative value of the evidence outweighs its prejudicial nature. Provides that a party intending to offer evidence related to a person's immigration status shall file a written motion that also explains why it is essential to a claim or affirmative defense or is probative of an interest or bias of a witness, it does not cause confusion of the issues or mislead the trier of fact, and the probative value of the evidence outweighs its prejudicial nature. Makes a corresponding change regarding findings of fact and conclusions of law the court must make regarding the permitted use of the evidence. Senate Floor Amendment No. 2 Deletes language providing that a written motion shall explain why it is essential to a claim or affirmative defense or is probative of an interest or bias of a witness.

Amends the Code of Criminal Procedure of 1963. Provides that at the initial bail hearing or any subsequent hearing, the defendant shall be released on recognizance if the judge finds that the defendant's pre-trial detention will harm any infant or child in the defendant's custody at the time of arrest, unless the harm is outweighed by a clear and serious risk of harm to a victim or the community. Provides circumstances that the court shall consider in favor of release. Amends the Unified Code of Corrections. Provides that the defendant is the parent of a child or infant whose well-being will be affected by the parent's absence shall be accorded weight in favor of withholding or minimizing a sentence of imprisonment. Provides circumstances to be considered in assessing this factor in mitigation. Makes other changes. House Committee Amendment No. 1 Deletes reference to: 725 ILCS 5/110-5.3 new Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. Deletes language providing that at the initial bail hearing or any subsequent hearing, the defendant shall be released on recognizance if the judge finds that the defendant's pre-trial detention will harm any infant or child in the defendant's custody at the time of arrest, unless the harm is outweighed by a clear and serious risk of harm to a victim or the community. Provides circumstances that the court shall consider in favor of release. Removes a factor in mitigation. Makes other changes.

Creates the Re-Entering Citizens Civics Education Act. Provides that the Department of Corrections and the Department of Juvenile Justice shall provide a nonpartisan peer-led civics program throughout the correctional institutions of the State to teach civics to soon-to-be released citizens who will be re-entering society. Provides for the curriculum and eligibility for the program. Provides that the program shall be taught by peer educators who are citizens incarcerated in the Department of Corrections and the Department of Juvenile Justice facilities and specially trained by experienced peer educators and established nonpartisan civic organizations. Provides that the nonpartisan civic organizations shall provide adequate training to peer educators on matters including, but not limited to, voting rights, governmental institutions, current affairs, and simulations of voter registration, election, and democratic processes, and shall provide periodic updates to program content and to peer educators. Provides that the Department of Corrections shall adopt rules to carry out the Act within 6 months after the effective date of the Act. Provides that the funding for the voting rights and registration peer education program shall be subject to appropriation by the General Assembly. Contains provisions regarding funding for the program. Effective January 1, 2020. Senate Floor Amendment No. 2 Provides that the civic education program must be offered by the Department of Corrections and the Department of Juvenile Justice to prisoners scheduled to be discharged within 12 months (rather than 6 months). Provides that established nonpartisan civic organizations may be assisted by area political science or civics educators at colleges, universities, and high schools and by nonpartisan organizations providing re-entry services. Provides that the Department of Corrections and the Department of Juvenile Justice should aim to include the peer reeducation workshop in conjunction with other pre-release procedures and movements. Adds references to "or superintendents" wherever "wardens" appear in the engrossed bill.