New Illinois laws take effect July 1

According to the Illinois General Assembly’s official website, here is a list of the Illinois laws that go into effect on July 1, 2022:

SB 0061: Illinois Insurance Code: automobiles

Amends the Illinois Insurance Code. Provides that it is an improper claims practice for a domestic, foreign, or alien company transacting business in this State to fail to pay the replacement vehicle use or occupation tax, title, and transfer fees on a private passenger total loss claim if that act is committed knowingly in violation of the Code, has been committed with such frequency to indicate a persistent tendency to engage in that type of conduct, and is committed without just cause. Provides that an insurer shall pay use or occupation tax, title, and transfer fees when the insurer determines that an insured’s or third-party claimant’s private passenger automobile is a total loss covered under the terms of a personal automobile policy issued by the insurer. Provides that if an insurer elects to replace the insured vehicle, the insurer shall pay the use or occupation tax, title, and transfer fees on the replacement vehicle. Provides that if a cash settlement is provided for the total loss private passenger vehicle, an insurer shall reimburse or directly pay the insured or third-party claimant for replacement vehicle use or occupation tax, title, and transfer fees under specified conditions. Grants the Department of Insurance rulemaking authority.

SB 0605: School Code: absenteeism and truancy

Amends the School Code. Requires that each school district, charter school, or alternative school or any school receiving public funds develop an absenteeism and truancy policy to be communicated to students and their parents or guardians on an annual basis. Sets forth the minimum elements that must be included in the policy. Requires the policy to be updated every 2 years and filed with the State Board of Education. 

SB 2664: Illinois Notary Public Act

Amends the Illinois Notary Public Act. Provides requirements concerning electronic notarization and electronic notaries public. Amends the Uniform Real Property Electronic Recording Act. Provides that a paper or tangible copy of an electronic document that a notary public has certified to be a true and correct copy satisfies specified recording requirements. Provides further requirements concerning the certification of electronic documents by notaries public. Defines terms. Makes conforming changes. Effective on the later of: (1) January 1, 2022; or (2) the date on which the Office of the Secretary of State files with the Index Department of the Office of the Secretary of State a notice that the Office of the Secretary of State has adopted the rules necessary for implementation; except that, the changes made to specified provisions of the Illinois Notary Public Act take effect July 1, 2022.

HB 1746: School Code: Students in DCFS custody

Amends the School Code. Provides that each school board must (rather than may) appoint at least one employee to act as a liaison to facilitate enrollment and transfer of records of students in the legal custody of the Department of Children and Family Services. Provides that a school district is required (rather than encouraged) to designate a liaison by the beginning of the 2022-2023 school year. Provides that, for any student who is in the legal custody of the Department of Children and Family Services, the liaison must inform the Department’s Office of Education and Transition Services of a parent-teacher conference or any other meeting concerning the student that would otherwise involve a parent and must, at the option of the caseworker, allow the student’s caseworker to attend the conference or meeting. Amends the Illinois School Student Records Act. Provides that if a student is in the legal custody of the Department of Children and Family Services, the Department’s Office of Education and Transition Services must be informed before a school student record is destroyed or any information in that record is deleted and shall have the right to inspect and copy all school student permanent and temporary records. Makes related changes.

HB 0577: School Code: Suicide awareness

Amends the Mental Health Early Action on Campus Act. Provides that if a public higher education institution issues student identification cards to its students, the institution must provide contact information for certain suicide prevention and mental health resources on each student identification card. Provides that if an institution does not issue student identification cards to its students, the institution must publish the contact information on its website. 

SB 0294: Wipes Labeling Act

Creates the Wipes Labeling Act. Presents the findings of the General Assembly. Provides that a covered entity must clearly and conspicuously label a covered product as “do not flush” in accordance with specified requirements. Provides that, upon a request by a municipality or county, a covered entity must submit to the requesting entity, within 90 days after the request, nonconfidential business information and documentation demonstrating compliance with the Act in a format that is easy to understand. Provides that municipalities and counties have concurrent and exclusive authority to enforce the Act and to collect civil penalties for violations of the Act and may impose a civil penalty in the amount of up to $2,000 for the first violation of the Act, up to $5,000 for the second violation, and up to $10,000 for the third and any subsequent violation. Provides that a municipality or county must send a written notice of an alleged violation and a copy of the requirements of the Act to a noncompliant covered entity, which will have 90 days to become compliant. Provides that covered products required to be registered by the United States Environmental Protection Agency under the federal Insecticide, Fungicide, and Rodenticide Act must only comply with the Act on and after July 1, 2023. Limits home rule powers to regulate the labeling of covered products. Contains a severability provision.

SB 2014: Mental Health Early Action on Campus Act

Amends the School Code and the Mental Health Early Action on Campus Act. Provides that if a school district issues an identification card to pupils in any of grades 7 through 12, the district shall provide contact information for the National Suicide Prevention Lifeline, the Crisis Text Line, and a local suicide prevention hotline on the identification card. Provides that if a public college or university issues an identification card to students, the public college or university must provide on the identification card (i) contact information for the National Suicide Prevention Lifeline, the Crisis Text Line, and a local suicide prevention hotline and (ii) the campus police or campus security telephone number or a local nonemergency telephone number. Effective July 1, 2022.

HB 1778: School Code: Suicide prevention

Amends the School Code and the Mental Health Early Action on Campus Act. Provides that if a school district issues an identification card to pupils in any of grades 7 through 12, the district shall provide contact information for the National Suicide Prevention Lifeline, the Crisis Text Line, and a local suicide prevention hotline on the identification card. Provides that if a public college or university issues an identification card to students, the public college or university must provide on the identification card (i) contact information for the National Suicide Prevention Lifeline, the Crisis Text Line, and a local suicide prevention hotline and (ii) the campus police or campus security telephone number or a local nonemergency telephone number. Effective July 1, 2022.

HB 2438: School Code: School report cards

Amends the School Code. Requires the State Board of Education’s school report cards to include the number of teachers who are National Board Certified Teachers.

SB 0662: Higher Education Student Assistance Act

Amends the Higher Education Student Assistance Act. Creates the School Social Work Shortage Loan Repayment Program. Provides that the Illinois Student Assistance Commission shall, each year, receive and consider applications from eligible social workers who are employed by a public elementary or secondary school in this State to encourage a grant recipient to use the financial assistance for the repayment of educational loans. Sets forth eligibility and other requirements.

HB 0692: Child Care Act of 1969

Amends the Child Care Act of 1969. Provides that the Department of Children and Family Services shall develop an appropriate licensing and monitoring system that recognizes the unique population and programming for youth served by the Comprehensive Community-Based Youth Services program. Provides that the Department shall maintain licensing staff who are knowledgeable of Comprehensive Community-Based Youth Services program standards, as set forth by the Department of Human Services. Provides that the Department of Human Services shall be responsible for the development and implementation of a training curriculum for host homes that recognizes the unique population and programming of youth served in Comprehensive Community-Based Youth Services. Provides that host homes licensed by the Department shall not be utilized for a child who is a youth in care of the Department. Defines “host homes”.

HB 4595: Illinois Insurance Code: Pharmacies

Amends the Illinois Insurance Code. Provides that a contract between a pharmacy benefit manager or third-party payer and a covered entity under Section 340B of the federal Public Health Service Act shall not contain specified provisions. Provides that a violation by a pharmacy benefit manager constitutes an unfair or deceptive act or practice in the business of insurance, and that a provision that violates the prohibition on certain provisions in a contract between a pharmacy benefit manager or a third-party payer and a 340B covered entity that is entered into, amended, or renewed after July 1, 2022 shall be void and unenforceable. Defines terms. Amends the Illinois Public Aid Code. In provisions concerning pharmacy payments, provides that no later than January 1, 2023, the Department of Healthcare and Family Services shall implement a mechanism for entities participating in the federal drug pricing program and their contracted pharmacies to submit quarterly retrospective utilization files containing the minimum fields necessary to accurately identify the drugs to the Department or its contractor for processing Medicaid drug rebate requests to Medicaid beneficiaries or Medicaid managed care organization enrollees. Provides that the Department or its contractor shall use the utilization files to remove 340B claims from the Department’s Medicaid drug rebate requests and that the Department shall not require the entities or their contracted pharmacies to use any other method or billing code to identify 340B drugs billed to Medicaid or Medicaid managed care organizations. In provisions concerning pharmacy benefits, provides that a Medicaid managed care organization or pharmacy benefit manager administering or managing benefits on behalf of a Medicaid managed organization shall not include specified provisions in a contract with a covered entity or with any pharmacy owned by or contracted with the covered entity. Provides that a violation by a Medicaid managed care organization or its pharmacy benefit manager constitutes an unfair or deceptive act or practice in the business of insurance, and that a provision that violates the prohibition on certain provisions in a contract between a Medicaid managed care organization or its pharmacy benefit manager and a 340B covered entity entered into, amended, or renewed after July 1, 2022 shall be void and unenforceable. 

HB 4703: Illinois Insurance Code: Health insurance

Amends the Illinois Insurance Code. Provides that when an insured receives emergency services or covered ancillary services from a nonparticipating provider or a nonparticipating facility, the health insurance issuer shall ensure that cost-sharing requirements are applied as though the services had been received from a participating provider or facility, and that the insured or any group policyholder or plan sponsor shall not be liable to or billed by the health insurance issuer, the nonparticipating provider, or the facility beyond the cost-sharing amount. Contains provisions concerning a notice and consent process for out-of-network coverage; billing for reasonable administrative fees; assignment of benefits to nonparticipating providers; and cost-sharing amounts and deductibles. Amends the Illinois Insurance Code and the Health Maintenance Organization Act to make a change in provisions concerning disclosure of nonparticipating provider benefits. Amends the Network Adequacy and Transparency Act. Provides that a beneficiary who receives care at a participating health care facility shall not be required to search for participating providers under certain circumstances. Amends the Managed Care Reform and Patient Rights Act. Provides that prior authorization or approval by the plan shall not be required for post-stabilization services that constitute emergency services. Amends the Health Maintenance Organization Act and the Voluntary Health Services Plans Act to provide that health maintenance organizations and voluntary health services plans are subject to provisions of the Illinois Insurance Code concerning billing and cost sharing. Makes other changes. Effective July 1, 2022, except that certain changes take effect January 1, 2023.

HB 4452: Counties Code

Amends the Counties Code. Provides that there shall be at least one public hearing during which public comment shall be taken regarding the application for siting approval or a special use permit for a commercial wind energy facility. Provides that the public hearing shall be noticed and commence not more than 45 days after the filing of an application for siting approval or a special use permit for a commercial wind energy facility. Provides that the county board shall make its siting decision not more than 30 days after the conclusion of the public hearing or the conclusion of the special use permit hearing by the zoning board of appeals. Removes a provision that allows any part of a county zoning ordinance pertaining to wind farms that was in effect before August 16, 2007 to continue in effect notwithstanding the provision of the Section. Provides that a county with an existing zoning ordinance in conflict with the provisions shall amend such zoning ordinance to be in compliance within 120 days after the effective date of the amendatory Act. Specifies setback requirements, blade tip height limitations, and sound limitations. Provides that a county may not place any restriction on the installation or use of a commercial wind energy facility, except by adopting an ordinance that complies with the provisions, and may not establish siting standards for supporting facilities that preclude development of commercial wind energy facilities. Limits home rule powers.

HB 4639: Illinois Vehicle Code

Amends the Illinois Vehicle Code. Repeals a Section concerning the licensing of manufactured home dealers. Creates a new Article concerning the regulation of manufactured home dealers within the Chapter of the Code concerning the licensing of dealers, transporters, wreckers, and rebuilders. Defines terms and provides that no person shall engage in the business of selling or dealing in manufactured homes of any make unless licensed to do so by the Secretary of State. Adds provisions governing: applications; fees; fees; bonding; insurance; business requirements; term of license; cancellation or revocation of licenses; and other matters. Effective July 1, 2023.

HB 4666: Regulatory Sunset Act

Amends the Regulatory Sunset Act. Provides that the Funeral Directors and Embalmers Licensing Code is repealed on January 1, 2028 (instead of January 1, 2023). Amends the Funeral Directors and Embalmers Licensing Code. Defines “email address of record”. Removes a provision providing that the Department of Financial and Professional Regulation shall maintain rosters of the licensees and those whose licenses were suspended, revoked, denied renewal, or otherwise disciplined. Provides that licensees shall provide a valid email address to the Department and inform the Department of any change of the email address. Removes a provision that provides that licensees who have not engaged in the practice of funeral directing for at least 40 years by January 1, 2016 shall not receive the continuing education exemption after that date. Provides that the Department shall determine an inactive licensee’s fitness to resume active status and may require successful completion of a practical examination or any other method the Department deems appropriate. Provides that the licensee is authorized to effect a final disposition of unclaimed cremated remains if no person lawfully entitled to the custody of the remains makes or has made a proper request for them within 60 days (instead of 1 year) of the date of death of the cremated person. Allows licenses to be applied for electronically. Allows the written notice of proceedings to be served by email. Provides that the Department shall provide a certified shorthand reporter to take down the testimony and preserve a record of all proceedings at specified hearings. Includes additional factors that the Funeral Directors and Embalmers Licensing and Disciplinary Board may take into consideration in making recommendations for any disciplinary action. Provides that any person who practices, offers to practice, attempts to practice, or holds one’s self out as a funeral director, embalmer, or embalmer intern without being licensed shall pay a civil penalty to the Department in an amount not to exceed $10,000 for each offense. Repeals provisions concerning Social Security Numbers on license applications; consent orders; and conflicts of interest. Makes other changes. Some provisions are effective immediately.

HB 4999: Early Intervention Services System Act

Amends the Early Intervention Services System Act. Requires all early intervention services to be initiated as soon as possible but not later than 30 calendar days after the consent of the parent or guardian has been obtained for the child’s individualized family service plan. Provides that services may be initiated later than 30 calendar days after the consent of the parent or guardian has been obtained if the multidisciplinary team determines that a later initiation date is necessary to meet the individual needs of the child and family, the child’s parent or guardian provides informed written consent for the later initiation date, and the reasons for the later initiation date are documented by the multidisciplinary team. Provides that the parent or guardian must be informed in writing, which may be done electronically if the parent or guardian prefers, that services shall be initiated no later than 30 calendar days after the individualized family service plan has been developed or on a later initiation date as determined by the multidisciplinary team with the informed consent of the parent or guardian. Provides that if services are not initiated within 30 calendar days after the consent of the parent or guardian has been obtained for the individualized family service plan or on a later initiation date as determined by the multidisciplinary team with the informed consent of the parent or guardian, the parent or guardian must be informed by the family’s Child and Family Connections service coordinator in writing, which may be done electronically if the parent or guardian prefers, of the family’s legal rights and alternative service options available to the family until an early intervention provider is identified, including, but not limited to, providers not currently early intervention credentialed or enrolled in the early intervention program. 

HB 4326: Counties Code: school facility occupation taxes

Amends the Counties Code. Provides that 1% of the school facility occupation taxes collected shall be distributed to the regional superintendent of schools (currently, these moneys are deposited into the Tax Compliance and Administration Fund) to cover the costs in administering and enforcing the provisions of the school facility occupation taxes Section of the Code.