Sen. Sara Feigenholtz

Creates the Polygraph Exam Integrity Act. Provides that every polygraph question submitted for the administration of a polygraph exam by a State agency or entity shall be screened by independent legal counsel to ensure compliance with the Illinois Constitution and the United States Constitution and federal and State law. Provides that screenings shall be paid by the entity requesting the service. Fiscal Note (Illinois State Police) The Illinois Attorney General serves as the legal counsel for the state of Illinois. The Illinois Attorney General would have to approve a Special Assistant Attorney General for this purpose. The Illinois Attorney General typically requires reimbursement for travel expenses from the agency being represented. Therefore, we would defer to the Illinois Attorney General concerning costs associated with this legislation becoming law. If the Illinois Attorney General were to agree the Illinois State Police should hire outside legal counsel, the Illinois State Police would be required to cover the attorney's fees. State Mandates Fiscal Note (Dept. of Commerce & Economic Opportunity) This bill does not create a State mandate.

Amends the Prevention of Tobacco Use by Minors and Sale and Distribution of Tobacco Products Act. Changes the short title of the Act to the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act. Prohibits the sale or furnishing of tobacco products, electronic cigarettes, or alternative nicotine products to a person under 21 years of age. Prohibits the purchase of tobacco products, electronic cigarettes, or alternative nicotine products by a person under 21 years of age. Makes changes regarding definitions, age verification, penalties, possession, and other matters. Repeals the Smokeless Tobacco Limitation Act. Amends other Acts to make conforming changes. Effective July 1, 2019. House Committee Amendment No. 1 Makes technical changes.

Amends the Illinois Power Agency Act. Provides that the Illinois Commerce Commission shall implement a project to be called the Renewable Energy Pay As You Save Program. Provides for the purpose and requirements of the Program. Provides that the Illinois Commerce Commission shall convene a workshop process during which interested participants may discuss issues related to the Program. Provides that each applicable electric utility shall submit an informational filing to the Commission that describes its plan for implementing provisions regarding the Program. Provides that electric utilities shall work with lenders selected pursuant to a request for proposals process and with vendors to establish the terms and processes under which a participant can purchase eligible renewable energy generation and energy storage systems using the financing obtained from a lender through a financing program designed to fit the Pay As You Save model. Provides further requirements concerning the establishment of financing programs based upon the Pay As You Save model. Provides that the Commission shall adopt all rules necessary for administration. Effective immediately.

Declares April 2, 2019 as Pay Equity Day.

Amends the Public Utilities Act. Removes language exempting retail customers of an electric utility that serves more than 3,000,000 retail customers in the State and whose total highest 30-minute demand was more than 10,000 kilowatts and retail customers of an electric utility that serves less than 3,000,000 retail customers but more than 500,000 retail customers in the State and whose total highest 15-minute demand was more than 10,000 kilowatts from certain provisions concerning energy efficiency and demand-response measures. Makes other changes. Effective immediately.

Amends the Firearm Owners Identification Card Act. Provides that the Department of State Police has authority to deny an application for or to revoke and seize a Firearm Owner's Identification Card previously issued under the Act if the Department finds that the applicant or the person to whom the card was issued is or was at the time of issuance a person who has been convicted within the past 5 years of stalking or a substantially similar offense in another jurisdiction, in which a firearm was used or possessed. Makes conforming changes.

Amends the Illinois Public Aid Code. Provides that the Department of Healthcare and Family Services shall not make recommendations or determinations that are more restrictive than federal labeling requirements by the U.S. Food and Drug Administration when making coverage recommendations or determinations affecting medical assistance recipients' access to (1) drugs and biological products for rare diseases and (2) drugs and biological products that are genetically targeted therapies. Requires the Department to implement an open and transparent process that includes clear guidelines for open public comment for the review and study of those drugs and biological products for rare diseases and those that are genetically targeted therapies. Requires the Illinois Drug and Therapeutics Advisory Board (Board) to develop and maintain a list of external experts who (i) possess scientific or medical training with respect to one or more rare diseases and (ii) are qualified to provide advice on rare disease issues and specified topics, including the impact of particular coverage, utilization management, and other relevant drug access policies. Requires the Department to adopt rules to ensure that any provisions of the Illinois Title XIX State Plan that affect medical assistance recipients' access to drugs and biological products for rare diseases are available to the public in a user-friendly and searchable format. Prohibits the Department from disclosing any confidential commercial or trade secret information of a drug manufacturer. Provides that the Board shall not be subject to the 6-month review moratorium for new drugs and shall review new drugs and biological products for rare diseases at the next regularly scheduled meeting. Effective immediately.

Amends the Liquor Control Act of 1934. Creates a third-party facilitator license. Establishes licensing fees, recordkeeping requirements, reporting requirements, and other requirements for a third-party facilitator licensee. Provides that a retailer may deliver alcoholic liquors to the home or other designated location of a consumer in this State if specified conditions are met, including verifying that the individual accepting the delivery is at least 21 years of age. Provides that a retailer may use the services of a third-party facilitator by means of the Internet or mobile application to facilitate the sale of alcoholic liquors to be delivered to the home or other designated location of a consumer in this State if specified conditions are met, including verifying that the individual accepting the delivery is at least 21 years of age. Provides that the Illinois Liquor Control Commission may not treat a violation of those conditions as a violation by the retailer. Preempts home rule powers. Makes conforming changes. Effective immediately.

Amends the Illinois Insurance Code. Makes a technical change in a Section concerning the short title.

Creates the Children's Mental Health Ombudsman Program Act. Provides that the Children's Mental Health Ombudsman Program (Program) is created in the Office of the Governor for specified purposes, including for the purposes of advocating on behalf of children with mental health disorders, identifying barriers to effective mental health treatment and proposed solutions; monitoring and ensuring compliance with relevant statutes, regulations, rules, and policies pertaining to children's behavioral health services; and investigating complaints that a State or a government agency has engaged in activities, practices, or omissions that constitute violations of applicable court orders, statutes, or regulations or that may have an adverse effect upon the health, safety, welfare, or rights of children. Provides that the Governor shall appoint the Children's Mental Health Ombudsman (Ombudsman). Requires the Ombudsman, in consultation with other specified persons, to establish policies and procedures as needed to facilitate compliance with the provisions of the Program, including procedures for filing, investigating, and resolving complaints. Grants the Ombudsman subpoena powers. Requires the Ombudsman to: (i) monitor federal, State, and local statutes, rules, regulations, and policies regarding services and supports for children with mental health disorders; (ii) maintain complete records of complaints received; (iii) submit annual reports to the Governor and the General Assembly on the activities of the Program; (iv) adopt rules that are necessary for performing the required activities of the Program; and other matters. Amends the Freedom of Information Act. Exempts from disclosure all information and records acquired by the Ombudsman during the performance of his or her duties.