Sen. Sara Feigenholtz

Amends the Counties Code. Provides that, in counties with a population over 3,000,000, the Public Defender, without fee or appointment and with the approval of the county board, may act as attorney to noncitizens in immigration cases related to or resulting from an underlying court matter in which the Public Defender served as attorney before he or she became the Public Defender. Provides that representation by the Public Defender in immigration cases is limited to those arising in immigration courts located within the geographical boundaries of the county where the Public Defender has been appointed to office unless the board authorizes the Public Defender to provide representation outside the county. House Committee Amendment No. 1 Deletes reference to: 55 ILCS 5/3-4004.2 55 ILCS 5/3-4004.5 new Adds reference to: 55 ILCS 5/3-4006 from Ch. 34, par. 3-4006 Replaces everything after the enacting clause. Amends the Counties Code. Provides that, in counties with a population over 3,000,000, the public defender, without fee or appointment and with the concurrence of the county board, may act as attorney to noncitizens in immigration cases. Provides that representation by the public defender in immigration cases shall be limited to those arising in immigration courts located within the geographical boundaries of the county where the public defender has been appointed to office unless the board authorizes the public defender to provide representation outside the county.

Amends the Illinois Lottery Law. Removes language that would require that sales of the special instant scratch-off game to benefit Alzheimer's care, support, education, and awareness be discontinued on January 1, 2022. Effective immediately. House Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Illinois Lottery Law. Extends the sale of the special instant scratch-off game to benefit Alzheimer's care, support, education, and awareness to January 1, 2025 (rather than January 1, 2022). Effective immediately.

Amends the Managed Care Reform and Patient Rights Act. Requires health insurance carriers that provide coverage for prescription drugs to ensure that, within service areas and levels of coverage specified by federal law, at least half of individual and group plans meet one or more of the following criteria: apply a pre-deductible and flat-dollar copayment structure to the entire drug benefit, limit a beneficiary's monthly out-of-pocket financial responsibility for prescription drugs to a specified amount, or limit a beneficiary's annual out-of-pocket financial responsibility for prescription drugs to a specified amount. Provides that all plans for prescription drugs offered under the amendatory Act must be clearly and appropriately named, marketed in the same manner as other plans offered by the health insurance carrier, and offered for purchase to any individual and group plan sponsor. Effective January 1, 2022. House Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Managed Care Reform and Patient Rights Act. In provisions concerning individual health plans that provide coverage for prescription drugs, provides that beginning January 1, 2023, health insurance carriers shall ensure that at least 10% of individual health care plans offered in each applicable service area apply a flat-dollar copayment structure to the entire drug benefit; and beginning January 1, 2024, health insurance carriers shall ensure that at least 25% of individual health care plans offered in each applicable service area apply a flat-dollar copayment structure to the entire drug benefit. In provisions concerning group health plans that provide coverage for prescription drugs, provides that beginning January 1, 2023, health insurance carriers shall offer at least one group health plan in each applicable service area that applies a flat-dollar copayment structure to the entire drug benefit; and beginning January 1, 2024, health insurance carriers shall offer at least 2 group health plans in each applicable service area that apply a flat-dollar copayment structure to the entire drug benefit. Provides that the flat-dollar copayment structure for prescription drugs must be applied pre-deductible and be reasonably graduated and proportionately related in all tier levels such that the copayment structure as a whole does not discriminate against or discourage the enrollment of individuals with significant health care needs. Requires the health insurance carriers to clearly and appropriately name the plans to aid in individual or group plan selection. Requires the health insurance carriers to market the plans in the same manner as their other plans. Requires the Department of Insurance to adopt rules necessary to implement and enforce the provisions. Effective January 1, 2023.

Amends the Illinois Holocaust and Genocide Commission Act. Extends the repeal of the Act from January 1, 2022 to January 1, 2032. Effective immediately.

Creates the Access to Basic Mental Health Information Act. Provides definitions for "mental health facility", "physician", and "recipient". Provides that specified individuals are entitled, upon request, to obtain certain information regarding a recipient in a mental health facility if the individual declares that he or she is involved in the recipient's care or paying for the recipient's care and the individual meets specified requirements. Provides that an individual requesting information must submit to the mental health facility specified information. Provides that a mental health facility is required to receive information relevant to the recipient's mental health treatment. Provides that if the recipient requests the mental health record from the mental health facility, any information that was tendered to the mental health facility under a promise of confidentiality may be withheld from the recipient if disclosure of the information would be reasonably likely to reveal the source of the mental health information. Provides that whenever access or modification is requested, the request, the grounds for its acceptance or denial, and any action taken thereon shall be noted in the recipient's record. Provides that a mental health facility and its employees or agents are not liable for any action under the Act unless the release was made deliberately or the release constituted gross negligence. Provides that nothing in the Act constitutes an infringement on an individual's right to obtain mental health records of the recipient if the individual has another right to the mental health records by law, regulation, or consent of the recipient. Provides that the Act shall be liberally construed to allow receipt of mental health information to individuals entitled to a recipient's information. Provides that the Act supersedes the Mental Health and Developmental Disabilities Code and any other law that would be viewed to limit the access of an individual to a recipient's mental health records to the extent necessary to give the Act full implementation. Effective immediately. Senate Floor Amendment No. 2 Deletes reference to: New Act Adds reference to: 405 ILCS 5/2-113.5 new 740 ILCS 110/5.5 new Replaces everything after the enacting clause. Amends the Mental Health and Developmental Disabilities Code. Requires a mental health facility to accept information from the recipient's family and friends concerning the recipient's treatment for mental illness. Amends the Mental Health and Developmental Disabilities Confidentiality Act. Allows certain individuals to obtain specified information pertaining to a recipient of mental health facility care if the individual resides with the recipient or is paying for the recipient's care. Provides that an individual who receives the information shall not use the information provided by the mental health facility regarding the recipient to the individual's advantage in any legal proceeding or other transaction. Provides that if access or modification of the information is requested, the request, the grounds for its acceptance or denial, and any action taken thereon shall be noted in the recipient's record. House Floor Amendment No. 3 Deletes reference to: 405 ILCS 5/2-113.5 new Replaces everything after the enacting clause. Amends the Mental Health and Developmental Disabilities Confidentiality Act. Provides for the limited disclosure of protected mental health information of a recipient who is an inpatient of a mental health facility related to an individual's involvement with the recipient's mental health care or payment related to the recipient's mental health care. Provides eligibility factors for an individual seeking the disclosure of the information. Provides that whenever the disclosure of information is made without consent, the recipient shall be provided with written disclosure and afforded an opportunity to designate an agent or an attorney-in-fact, and documentation of the disclosure or use shall be noted in the recipient's record. Provides that once the recipient regains the capacity for informed consent, the provisions no longer apply and any allowance for the exchange of information between individuals and the medical personnel is terminated. Restricts an individual who receives information from redisclosing the information except under limited circumstances. Provides that any person who knowingly and willfully violates the provisions is guilty of a Class A misdemeanor. Provides that nothing in the new provisions shall be interpreted to allow a disclosure that is otherwise prohibited under any other State law or any federal law concerning informed consent.

Amends the Freedom of Information Act. Provides that "public body" includes the Clerk of the Circuit Court of Cook County. Provides that all records relating to the obligation, receipt, and use of public funds of the Clerk of the Circuit Court of Cook County are public records subject to inspection and copying by the public. Amends the Clerks of Courts Act. Provides that records kept by the clerks of the circuit courts are subject to the Freedom of Information Act. Provides that specified unpaid assessments under the Criminal and Traffic Assessment Act shall not be included in an agreement between the clerk of the circuit court and the Department of Revenue to establish a program for the purposes of collecting certain balances owed. Provides that the clerk of the court shall (rather than may) accept credit card payments over the Internet for fines, penalties, court costs, or costs from offenders on voluntary electronic pleas of guilty in minor traffic and conservation offenses to satisfy the requirement of written pleas of guilty. Amends the Criminal and Traffic Assessment Act. Provides that one hour of public or community service shall be equivalent to $10 (rather than $4) of assessment. Senate Committee Amendment No. 1 Deletes reference to: 5 ILCS 140/2 from Ch. 116, par. 202 5 ILCS 140/2.5 705 ILCS 105/16 from Ch. 25, par. 16 705 ILCS 105/27.2b Adds reference to: 50 ILCS 205/3a from Ch. 116, par. 43.103a Replaces everything after the enacting clause. Amends the Local Records Act. Provides that reports and records of the obligation, receipt, and use of public funds of the Clerk of the Circuit Court of Cook County are public records available for inspection by the public. Amends the Clerks of Courts Act. Provides that the clerk of the court shall (rather than may) accept credit card payments over the Internet for specified payments. Amends the Criminal and Traffic Assessment Act. Provides that one hour of public or community service shall be equivalent to $10 (rather than $4) of assessment. House Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the engrossed bill, and further amends the Clerks of Courts Act to allow the clerk of court to accept payment of fines, penalties, or costs by certified check. House Floor Amendment No. 2 Deletes reference to: 705 ILCS 135/5-20 Replaces everything after the enacting clause with the provisions of the engrossed bill, and makes the following changes: Further amends the Clerks of Courts Act to allow the clerk of court to accept payment of fines, penalties, or costs by certified check. Removes the changes to the Criminal and Traffic Assessment Act.

Amends the Dual Credit Quality Act. Makes a technical change in a Section concerning the short title. Senate Floor Amendment No. 1 Deletes reference to: 110 ILCS 27/1 Adds reference to: 105 ILCS 5/2-3.182 new Replaces everything after the enacting clause. Amends the School Code. Requires the State Board of Education to develop and implement a School Unused Food Program that allows public schools in this State to provide food that is unused by the school to needy children who are students of that school. Provides that unused food under the Program shall be provided at no cost to the student. Provides that a school participating in the Program may contract with third parties to provide services under the Program. Provides for the adoption of rules. Defines "needy children". Effective immediately. House Committee Amendment No. 1 Adds reference to: 110 ILCS 805/3-8 from Ch. 122, par. 103-8 110 ILCS 805/3-10 from Ch. 122, par. 103-10 110 ILCS 805/3-33.6 from Ch. 122, par. 103-33.6 Replaces everything after the enacting clause. Reinserts the contents of the engrossed bill with the following addition. Amends the Public Community College Act. Provides that the position of secretary of a board of trustees of a community college district may be held by a member of the board. Provides that if the secretary is not a member of the board, the secretary may receive compensation as fixed by the board prior to the election of the secretary. Provides that if a district abolishes its working cash fund, the transfer of any balance must take place at the close of the then current fiscal year. Allows a community college district to abate its working cash fund upon the adoption of a resolution and transfer part of the balance at any time. Provides that if a community college district elects to abolish or abate its working cash fund, it shall have the authority to again create a working cash fund at any time (rather than if a district elects to abolish its working cash fund, it shall not establish another working cash fund unless approved by the voters). Effective immediately. House Committee Amendment No. 2 Deletes reference to: 110 ILCS 805/3-8 110 ILCS 805/3-10 110 ILCS 805/3-33.6 Replaces everything after the enacting clause. Amends the School Code. Requires school districts to establish a food sharing plan for unused food with a focus on needy students. Provides that each school district shall incorporate the plan into its local wellness policy. Requires the plan to be developed and supported jointly by the district's local health department. Provides that participants in the child nutrition programs, the National School Lunch Program and National School Breakfast Program, the Child and Adult Care Food Program (CACFP), and the Summer Food Service Program (SFSP) shall adhere to the provisions of the Richard B. Russell National School Lunch Act, as well as accompanying guidance from the U.S. Department of Agriculture on the Food Donation Program, to ensure that any leftover food items are properly donated in order to combat potential food insecurity in their communities. Effective immediately.

Creates the Fair Food Delivery Act. Prohibits a third-party delivery service from using the likeness, registered trademark, or intellectual property belonging to a merchant without obtaining written consent from the merchant for the use of the likeness, trademark, or other intellectual property. Provides that an agreement subject to the Act may not include a provision that requires a merchant to indemnify a third-party delivery service, an independent contractor acting on behalf of the third-party delivery service, or a registered agent of the third-party delivery service for any damages or harm that may occur after the merchant's product leaves the merchant's place of business. Authorizes recovery of actual damages or $5,000, whichever is greater. Imposes a civil penalty of not more than $1,000 per violation. Provides that each day a violation occurs constitutes a separate violation. Defines terms. Effective immediately. Senate Floor Amendment No. 1 Removes a provision concerning third-party use of merchant trademarks and likenesses and instead provides that a third-party delivery service may not purchase or use the name, likeness, registered trademark, or intellectual property belonging to a merchant, and may not take or arrange for the pickup or delivery of an order from a merchant, without first obtaining written consent from the merchant. Provides that an agreement subject to the Fair Food Delivery Act may not include a provision that requires a merchant to indemnify a third-party delivery service, an independent contractor of the third-party delivery service, or a registered agent of the third-party delivery service for any damages or harm partially or wholly caused by or resulting from the third-party delivery service, an independent contractor of the third-party delivery service, or a registered agent of the third-party delivery service. Removes the immediate effective date. Senate Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of the bill as amended by Senate Amendment No. 1 with the following changes. Removes bars from the definition of "merchant". Provides that a merchant whose likeness is used (rather than whose likeness is used, or pickup or delivery is arranged through the marketplace) by a third-party delivery service in violation of the Act may bring an action in the circuit court in the county in which the merchant or third-party delivery service conducts business to recover actual damages or $5,000, whichever is greater. Makes grammatical and other changes. House Committee Amendment No. 1 Deletes reference to: New Act Adds reference to: 820 ILCS 90/5 820 ILCS 90/7 new 820 ILCS 90/10 820 ILCS 90/15 new 820 ILCS 90/20 new 820 ILCS 90/25 new 820 ILCS 90/30 new 820 ILCS 90/35 new 820 ILCS 90/97 new Replaces everything after the enacting clause. Amends the Illinois Freedom to Work Act. Provides that a covenant not to compete shall not be valid or enforceable unless the employee's actual or expected annualized rate of earnings exceeds $75,000 per year on the effective date of the amendatory Act, $80,000 per year beginning on January 1, 2027, $85,000 per year beginning on January 1, 2032, or $90,000 per year beginning on January 1, 2037 (rather than no employer shall enter into a covenant not to compete with any low-wage employee of the employer). Provides that a covenant not to solicit shall not be valid or enforceable unless the employee's actual or expected annualized rate of earnings exceeds $45,000 per year and increasing in steps to $52,500 per year in 2037. Provides that a covenant not to compete is void and illegal for any employee who an employer terminates or furloughs or lays off as the result of business circumstances or governmental orders related to the COVID-19 pandemic, or under circumstances that are similar to the COVID-19 pandemic, unless enforcement of the covenant not to compete includes compensation equivalent to the employee's base salary at the time of termination for the period of enforcement minus compensation earned through subsequent employment during the period of enforcement. Provides that a covenant not to compete is void and illegal for individuals covered by a collective bargaining agreement under the Illinois Public Labor Relations Act or the Illinois Educational Labor Relations Act or individuals employed in construction. Establishes exclusions for management professional personnel engaged in the construction industry. Provides a procedure for enforcement by the Attorney General. Contains provisions concerning the enforceability of a covenant not to compete or a covenant not to solicit; notice requirements for employers under a covenant not to compete or a covenant not to solicit; remedies for employees who prevail against an employer's civil action to enforce a covenant not to compete or a covenant not to solicit; and certain factors a court may consider when determining whether to reform a covenant not to compete or a covenant not to solicit. Defines "adequate consideration"; "covenant not to compete"; "covenant not to solicit"; "earnings"; "employee"; and "construction". Removes the definition for the term "low-wage employee". Contains a severability clause. Effective January 1, 2022.

Amends the Government Severance Pay Act. Makes a technical change in a Section concerning the short title. Senate Floor Amendment No. 2 Deletes reference to: 5 ILCS 415/1 Adds reference to: 20 ILCS 3305/23 new Replaces everything after the enacting clause. Amends the Illinois Emergency Management Agency Act. Creates the Access and Functional Needs Advisory Committee. Provides that the Advisory Committee shall: (1) research and provide recommendations for identifying and effectively responding to the needs of persons with access and functional needs before, during, and after a disaster using an intersectional lens for equity; (2) provide recommendations to the Illinois Emergency Management Agency regarding how to ensure that persons with a disability are included in disaster strategies and emergency management plans; and (3) review and provide recommendations for the Illinois Emergency Management Agency to integrate access and functional needs into the Illinois Emergency Operations Plan. Provides for appointment and composition of the members of the Advisory Committee. Provides that the initial meeting of the Advisory Committee shall be convened by the Director of the Illinois Emergency Management Agency no later than February 1, 2022. Requires the Illinois Emergency Management Agency to provide administrative support to the Advisory Committee. Requires the Advisory Committee to prepare and deliver a report with specified requirements to the General Assembly, the Governor's Office, and the Illinois Emergency Management Agency by July, 1 2022, and annually thereafter. Provides that the Advisory Committee is dissolved and amendatory provisions are repealed on January 1, 2032. Contains other provisions. Effective immediately. House Floor Amendment No. 1 Replaces references to the Illinois Emergency Operation Plan with references to State and local emergency plans.

Amends the Right to Privacy in the School Setting Act. Makes a technical change in a Section concerning the short title. Senate Floor Amendment No. 2 Deletes reference to: 105 ILCS 75/1 Adds reference to: 105 ILCS 5/2-3.25o 105 ILCS 5/10-22.25b from Ch. 122, par. 10-22.25b 105 ILCS 5/27A-5 105 ILCS 5/34-2.3 from Ch. 122, par. 34-2.3 Replaces everything after the enacting clause. Amends the School Code. Provides that a non-public elementary or secondary school registering with the State Board of Education must provide assurances that the school will not prohibit hairstyles historically associated with race, ethnicity, or hair texture. Provides that a non-public elementary or secondary school that has obtained or seeks to obtain recognition status from the State Board may not prohibit hairstyles historically associated with race, ethnicity, or hair texture. Provides that a school uniform or dress code policy adopted by a school board or local school council shall not include or apply to hairstyles, including hairstyles historically associated with race, ethnicity, or hair texture. Sets forth a penalty for noncompliance with the school uniform or dress code policy provisions. Requires the State Board to make available, on its Internet website, resource materials developed in consultation with stakeholders regarding hairstyles. Amends the Charter Schools Law of the School Code to require a charter school to comply with the school uniform or dress code policy provisions. Effective January 1, 2022. House Committee Amendment No. 1 Provides that the Act may be referred to as the Jett Hawkins Law.