Illinois General Assembly - Full Text of HB2847
Illinois General Assembly

Previous General Assemblies

Full Text of HB2847  101st General Assembly




State of Illinois
2019 and 2020


Introduced , by Rep. Deb Conroy


5 ILCS 327/20
215 ILCS 5/155.46 new
625 ILCS 5/6-117  from Ch. 95 1/2, par. 6-117

    Amends the Organ Donor Leave Act. Provides that an employer shall not retaliate against an employee for requesting or obtaining a leave of absence to donate blood, an organ, or bone marrow. Amends the Illinois Insurance Act. Provides prohibitions on denial of coverage and costs of premiums for living organ donors for life insurance, disability insurance, and long-term care insurance policies. Amends the Illinois Vehicle Code. Requires the Secretary of State to review and update certain public service announcements, websites, and other media relating to live organ donation to educate the public on the benefits of live organ donation and the impact of live organ donation on access to insurance. Effective January 1, 2020.

LRB101 08522 RAB 53600 b






HB2847LRB101 08522 RAB 53600 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. This Act may be referred to as the Living Donor
5Protection Act.
6    Section 5. The Organ Donor Leave Act is amended by changing
7Section 20 as follows:
8    (5 ILCS 327/20)
9    Sec. 20. Administration of Act.
10    (a) A participating employee subject to this Act who wishes
11to donate blood, an organ, or bone marrow shall request in
12advance leave under this Act.
13    (b) An employee may use (i) up to 30 days of organ donation
14leave in any 12-month period to serve as a bone marrow donor,
15(ii) up to 30 days of organ donation leave in any 12-month
16period to serve as an organ donor, (iii) up to one hour to
17donate blood, (iv) up to 1.5 hours to donate double red cells,
18and (v) up to 2 hours to donate blood platelets. The frequency
19of the blood donation times shall be set by rule in accordance
20with appropriate medical standards established by the American
21Red Cross, America's Blood Centers, the American Association of
22Blood Banks, or other nationally-recognized standards.



HB2847- 2 -LRB101 08522 RAB 53600 b

1    (c) An employee may use organ donation leave or other leave
2authorized in subsection (b) of this Section only after
3obtaining approval from the employee's agency.
4    (d) An employee may not be required to use accumulated sick
5or vacation leave time before being eligible for organ donor
7    (e) The Department must adopt rules governing organ
8donation leave, including rules that (i) establish conditions
9and procedures for requesting and approving leave and (ii)
10require medical documentation of the proposed organ or bone
11marrow donation before leave is approved by the employing
13    (f) An employer shall not retaliate against an employee for
14requesting or obtaining a leave of absence as provided by this
16(Source: P.A. 98-758, eff. 7-16-14.)
17    Section 10. The Illinois Insurance Code is amended by
18adding Section 155.46 as follows:
19    (215 ILCS 5/155.46 new)
20    Sec. 155.46. Prohibition on denial of coverage or increase
21in premiums for living organ donors.
22    (a) As used in this Section:
23    "Human organ" means all or part of a human's liver,
24pancreas, kidney, intestine, lung, blood, plasma, skin, or bone



HB2847- 3 -LRB101 08522 RAB 53600 b

2    "Living organ donor" means an individual who has donated
3all or part of a human organ and is not deceased.
4    "Disability insurance policy" means a contract under which
5an entity promises to pay a person a sum of money if an illness
6or injury resulting in a disability prevents that person from
8    "Life insurance policy" means a contract under which an
9entity promises to pay a designated beneficiary a sum of money
10upon the death of the insured.
11    "Long-term care insurance policy" means a contract for
12which the only insurance protection provided under the contract
13is coverage of qualified long-term care services.
14    (b) Notwithstanding any other provision of law, it shall be
15unlawful to:
16        (1) decline or limit coverage of a person under a life
17    insurance policy, disability insurance policy, or
18    long-term care insurance policy due to the status of that
19    person as a living organ donor;
20        (2) preclude a person from donating all or part of a
21    human organ as a condition of receiving a life insurance
22    policy, disability insurance policy, or long-term care
23    insurance policy;
24        (3) consider the status of a person as a living organ
25    donor in determining the premium rate for coverage of that
26    person under a life insurance policy, disability insurance



HB2847- 4 -LRB101 08522 RAB 53600 b

1    policy, or long-term care insurance policy; or
2        (4) otherwise discriminate in the offering, issuance,
3    cancellation, amount of coverage, price, or any other
4    condition of a life insurance policy, disability insurance
5    policy, or long-term care insurance policy for a person
6    based solely and without any additional actuarial risks
7    upon the status of that person as a living organ donor.
8    (c) The Department may take actions to enforce subsection
9(b) as are specifically authorized under the laws of the State.
10    Section 15. The Illinois Vehicle Code is amended by
11changing Section 6-117 as follows:
12    (625 ILCS 5/6-117)  (from Ch. 95 1/2, par. 6-117)
13    Sec. 6-117. Records to be kept by the Secretary of State.
14    (a) The Secretary of State shall file every application for
15a license or permit accepted under this Chapter, and shall
16maintain suitable indexes thereof. The records of the Secretary
17of State shall indicate the action taken with respect to such
19    (b) The Secretary of State shall maintain appropriate
20records of all licenses and permits refused, cancelled,
21disqualified, revoked, or suspended and of the revocation,
22suspension, and disqualification of driving privileges of
23persons not licensed under this Chapter, and such records shall
24note the reasons for such action.



HB2847- 5 -LRB101 08522 RAB 53600 b

1    (c) The Secretary of State shall maintain appropriate
2records of convictions reported under this Chapter. Records of
3conviction may be maintained in a computer processible medium.
4    (d) The Secretary of State may also maintain appropriate
5records of any accident reports received.
6    (e) The Secretary of State shall also maintain appropriate
7records of any disposition of supervision or records relative
8to a driver's referral to a driver remedial or rehabilitative
9program, as required by the Secretary of State or the courts.
10Such records shall only be available for use by the Secretary,
11the driver licensing administrator of any other state, law
12enforcement agencies, the courts, and the affected driver or,
13upon proper verification, such affected driver's attorney.
14    (f) The Secretary of State shall also maintain or contract
15to maintain appropriate records of all photographs and
16signatures obtained in the process of issuing any driver's
17license, permit, or identification card. The record shall be
18confidential and shall not be disclosed except to those
19entities listed under Section 6-110.1 of this Code.
20    (g) The Secretary of State may establish a First Person
21Consent organ and tissue donor registry in compliance with
22subsection (b-1) of Section 5-20 of the Illinois Anatomical
23Gift Act, as follows:
24        (1) The Secretary shall offer, to each applicant for
25    issuance or renewal of a driver's license or identification
26    card who is 16 years of age or older, the opportunity to



HB2847- 6 -LRB101 08522 RAB 53600 b

1    have his or her name included in the First Person Consent
2    organ and tissue donor registry. The Secretary must advise
3    the applicant or licensee that he or she is under no
4    compulsion to have his or her name included in the
5    registry. An individual who agrees to having his or her
6    name included in the First Person Consent organ and tissue
7    donor registry has given full legal consent to the donation
8    of any of his or her organs or tissue upon his or her
9    death. A brochure explaining this method of executing an
10    anatomical gift must be given to each applicant for
11    issuance or renewal of a driver's license or identification
12    card. The brochure must advise the applicant or licensee
13    (i) that he or she is under no compulsion to have his or
14    her name included in this registry and (ii) that he or she
15    may wish to consult with family, friends, or clergy before
16    doing so.
17        (2) The Secretary of State may establish additional
18    methods by which an individual may have his or her name
19    included in the First Person Consent organ and tissue donor
20    registry.
21        (3) When an individual has agreed to have his or her
22    name included in the First Person Consent organ and tissue
23    donor registry, the Secretary of State shall note that
24    agreement in the First Person consent organ and tissue
25    donor registry. Representatives of federally designated
26    organ procurement agencies and tissue banks and the offices



HB2847- 7 -LRB101 08522 RAB 53600 b

1    of Illinois county coroners and medical examiners may
2    inquire of the Secretary of State whether a potential organ
3    donor's name is included in the First Person Consent organ
4    and tissue donor registry, and the Secretary of State may
5    provide that information to the representative.
6        (4) An individual may withdraw his or her consent to be
7    listed in the First Person Consent organ and tissue donor
8    registry maintained by the Secretary of State by notifying
9    the Secretary of State in writing, or by any other means
10    approved by the Secretary, of the individual's decision to
11    have his or her name removed from the registry.
12        (5) The Secretary of State may undertake additional
13    efforts, including education and awareness activities, to
14    promote organ and tissue donation.
15        (6) In the absence of gross negligence or willful
16    misconduct, the Secretary of State and his or her employees
17    are immune from any civil or criminal liability in
18    connection with an individual's consent to be listed in the
19    organ and tissue donor registry.
20        (7) No later than July 1, 2020, the Secretary of State
21    shall review and update materials related to live organ
22    donation in order to educate the public on:
23            (A) the benefits of live organ donation; and
24            (B) the impact of live organ donation on the access
25        of a living organ donor to insurance.
26        Such updating shall include information from Section



HB2847- 8 -LRB101 08522 RAB 53600 b

1    155.46 of the Illinois Insurance Code.
2        (8) In carrying out paragraph (7), the Secretary of
3    State shall update, as appropriate:
4            (A) public service announcements previously
5        provided by the Secretary of State;
6            (B) publicly accessible websites that are
7        maintained by the Secretary of State and that contain
8        information and resources regarding live organ
9        donation; and
10            (C) other media as deemed appropriate by the
11        Secretary of State.
12(Source: P.A. 100-41, eff. 1-1-18.)
13    Section 99. Effective date. This Act takes effect January
141, 2020.