Rep. Amy Elik

Amends the Invest in Kids Act. Makes a formatting change to create a first priority group for eligible students who received a scholarship from a scholarship granting organization during the previous school year. Provides that qualified schools may establish a maximum scholarship amount, which may not exceed the necessary costs and fees for attendance at the qualified school. Provides that the qualified school shall notify the scholarship granting organization of its necessary costs and fees as well as any maximum scholarship amount set by the school. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Specifies that the maximum scholarship amount set by a qualified school is subject to the limitations provided under existing law.

Creates the Landscape Architecture Registration Act. Provides that no person shall use the title "registered landscape architect" or "landscape architect" without being registered by the Department of Financial and Professional Regulation. Creates the Registered Landscape Architecture Registration Board. Provides for the membership, meetings, and powers of the Board. Provides that the Department may seek the expert advice and knowledge of the Board on any matter relating to the enforcement of the Act, including qualifications of applicants for registration. Provides that the Department may issue certificates of registration to those who meet the requirements of the Act. Provides that the Department may authorize examinations to ascertain the fitness and qualifications of applicants for registration. Provides that the Department may conduct investigations and hearings to refuse to issue, renew, or restore registrations, revoke, suspend, place on probation, or reprimand persons registered under provisions of the Act. Provides that the Department may take disciplinary action with regard to any certificate of registration issued under the Act. Makes corresponding changes in the Park District Code, the Chicago Park District Act, the Professional Geologist Licensing Act, and the Unified Code of Corrections. Amends the Regulatory Sunset Act to repeal the Landscape Architecture Registration Act on January 1, 2032. Senate Floor Amendment No. 1 Deletes reference to: New Act 5 ILCS 80/4.41 new 70 ILCS 1205/8-50 70 ILCS 1505/26.10-4 225 ILCS 745/20 730 ILCS 5/5-5-5 from Ch. 38, par. 1005-5-5 Adds reference to: 5 ILCS 100/5-45.21 new 305 ILCS 5/5-5.2 from Ch. 23, par. 5-5.2 305 ILCS 5/5-5.8 from Ch. 23, par. 5-5.8 305 ILCS 5/5B-2 from Ch. 23, par. 5B-2 305 ILCS 5/5B-4 from Ch. 23, par. 5B-4 305 ILCS 5/5B-5 from Ch. 23, par. 5B-5 305 ILCS 5/5B-8 from Ch. 23, par. 5B-8 305 ILCS 5/5E-10 305 ILCS 5/5E-20 new Replaces everything after the enacting clause. Amends the Illinois Public Aid Code. In the Medical Assistance Article, provides that notwithstanding any other provisions of the Code, the methodologies for reimbursement of nursing services shall no longer be applicable for bills payable for nursing services rendered on or after a new reimbursement system based on the Patient Driven Payment Model (PDPM) has been fully operationalized, which shall take effect for services provided on or after the implementation of the PDPM reimbursement system begins. Establishes an implementation date for the PDPM reimbursement system if certain conditions are met. Contains provisions concerning the establishment of a variable per diem staffing add-on for nursing facilities with specified staffing levels; utilization of the Staff Time and Resource Intensity Verification study; the PDPM nursing component per diem for nursing facilities for certain dates of services; a Medicaid Access Adjustment; incentive payments determined by facility performance on specified quality measures; payments based on CNA tenure, promotion, and CNA training for the purpose of increasing CNA compensation; and other matters. In the Long-Term Care Provider Funding Article, provides that for the privilege of engaging in the occupation of long-term care provider for each occupied non-Medicare bed day, beginning July 1, 2022, an assessment is imposed upon each long-term care provider in an amount varying with the number of paid Medicaid resident days per annum in the facility. Sets forth a schedule of occupied bed tax amounts. Makes changes concerning reporting requirements, the Long-Term Care Provider Fund, and other matters. In the Nursing Home License Fee Article, provides that a specified provision imposing licensing fees on nursing home providers is repealed on July 1, 2024. Amends the Illinois Administrative Procedure Act. Grants the Department of Healthcare and Family Services emergency rulemaking authority to implement certain provisions of the amendatory Act. Effective immediately.

Creates the Illinois Industrial Biotechnology Partnership Act. Establishes the Industrial Biotechnology Public-Private Partnership as a State-sponsored board consisting of specified members to promote and market Illinois as a destination for research, development, and commercialization for industrial biotechnology. Provides for the appointment of members to the Partnership. Provides requirements concerning meetings and compensation. Provides for administrative and other support to the Partnership. Provides for duties and funding of the Partnership. Provides reporting requirements. Provides for the adoption of rules. Defines terms. Amends the Department of Commerce and Economic Opportunity Law. Creates the Industrial Biotechnology Workforce Development Grant Program. Provides that the Program shall provide grants for the purpose of fostering a well-trained and well-skilled industrial biotechnology workforce. Provides funding and eligibility requirements. Provides reporting requirements. Provides for the adoption of rules. Amends the State Finance Act. Creates the Industrial Biotechnology Human Capital Fund and Industrial Biotechnology Capital Maintenance Fund as special funds in the State treasury for specified purposes. Provides for funding of each Fund. Allows the use of Fund moneys for specified grants. Provides reporting requirements. Provides for the adoption of rules. Amends the Economic Development for a Growing Economy Tax Credit Act. Requires the Department of Commerce and Economic Opportunity to evaluate the tax credit program regarding employment and investment criteria to ensure that the program is applicable to both small startup firms as well as existing companies in the industrial biotechnology field. House Committee Amendment No. 2 Deletes reference to: 20 ILCS 605/605-1055 new 30 ILCS 105/6z-124 new 30 ILCS 105/6z-125 new 35 ILCS 10/5-75 Adds reference to: 20 ILCS 605/605-1095 new 30 ILCS 105/6z-130 new 30 ILCS 105/6z-131 new Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with changes. Makes changes to the membership of the Industrial Biotechnology Public-Private Partnership. Provides that members shall be appointed within 90 days (instead of 30 days) after the effective date of the Act. Provides that the Partnership shall develop and direct efforts to attract companies to use existing Illinois facilities for research, development, and pre-commercialization activities. Provides that the Department of Commerce and Economic Opportunity, or a non-profit organization designated by the Department of Commerce and Economic Opportunity, shall provide administrative and other support to the Partnership (instead of the Department of Commerce and Economic Opportunity alone). Provides that the Partnership is dissolved on December 31, 2025. Provides that certain grant programs created in the engrossed bill are subject to appropriation. Contains provisions concerning private matching funds necessary for the expenditure of funds appropriated to the Department of Commerce and Economic Opportunity for the use of the Industrial Biotechnology Public-Private Partnership. Provides that reports concerning the grant programs established in the bill are due on or before January 31 of the year following the fiscal year in which the moneys are allocated. Removes amendatory provisions requiring the Department of Revenue to evaluate the Economic Development for a Growing Economy Tax Credit Program. Makes conforming and other changes.

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 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. Provisions amending the Regulatory Sunset Act are effective immediately. Senate Floor Amendment No. 1 Deletes reference to: 5 ILCS 80/4.33 5 ILCS 80/4.38 225 ILCS 41/1-10 225 ILCS 41/1-15 225 ILCS 41/1-30 225 ILCS 41/5-7 225 ILCS 41/5-10 225 ILCS 41/5-15 225 ILCS 41/5-18 225 ILCS 41/5-20 225 ILCS 41/10-7 225 ILCS 41/10-20 225 ILCS 41/10-30 225 ILCS 41/10-43 225 ILCS 41/15-10 225 ILCS 41/15-15 225 ILCS 41/15-18 225 ILCS 41/15-20 225 ILCS 41/15-21 225 ILCS 41/15-22 225 ILCS 41/15-30 225 ILCS 41/15-40 225 ILCS 41/15-41 225 ILCS 41/15-65 225 ILCS 41/15-75 225 ILCS 41/15-80 225 ILCS 41/15-91 225 ILCS 41/10-22 rep. 225 ILCS 41/15-17 rep. 225 ILCS 41/15-100 rep. Adds reference to: 5 ILCS 140/7.5 225 ILCS 510/3 from Ch. 111, par. 953 225 ILCS 510/5 from Ch. 111, par. 955 225 ILCS 510/7 from Ch. 111, par. 957 225 ILCS 510/13 from Ch. 111, par. 963 225 ILCS 510/14 from Ch. 111, par. 964 225 ILCS 510/14.1 225 ILCS 510/14.3 new Replaces everything after the enacting clause. Amends the Nurse Agency Licensing Act. Defines "covenant not to compete" and "employee". Changes the definitions of "health care facility" and "nurse". Provides that an application for licensure shall contain evidence of general and professional liability insurance (rather than only professional liability insurance) in the amount of at least $1,000,000 (instead of $500,000) per incident and $3,000,000 (instead of $1,000,000) in the aggregate and workers' compensation coverage (rather than only in the aggregate). Provides that for the renewal of a license, the licensee shall also submit an attestation detailing specified information. Provides that prior to employing, assigning, or referring a certified nurse aide to a position at a health care employer or long-term facility, the nurse agency shall review the information provided on the Health Care Worker Registry to verify that the certified nurse aide is not ineligible for the position. Provides that knowingly employing, assigning, or referring to a health care facility a nurse or certified nurse aid with an illegally or fraudulently obtained or issued diploma, registration, license, certificate, or background study constitutes negligent hiring and is a violation of the Act. Changes the minimum standards for the operation of nurse agencies. Provides that no less than 100% of the nurse or certified nurse aide hourly rate shall be paid to the nurse or certified nurse aide employee. Provides that nurse agencies are prohibited from entering into covenants not to compete with nurses and certified nurse aides. Provides that a nurse agency shall submit a report quarterly to the Department of Financial and Professional Regulation for each health care entity with whom the agency contracts. Provides that the Department of Financial and Professional Regulation shall publish on its website the reports yearly by county. Provides that the Department of Labor shall compel production of the maintained records by the nurse agencies. Provides that the Department of Financial and Professional Regulation shall establish a system of reporting complaints against a health care staffing agency. Provides that the Department of Financial and Professional Regulation shall publish on its website how an interested party may submit a complaint of a violation of the Act to the Department of Financial and Professional Regulation. Provides that complaints against a nurse agency shall be investigated by the Department of Labor. Increases the civil penalty for violation of the Act to $10,000 per occurrence (currently $1,000 per day for each violation). Provides that any nurse staffing agency that has been found not to have paid an employee 100% of the hourly wage rate identified in the contract shall be liable to the employee for the actual amount of the underpayment, plus damages of 5% of the amount of the underpayment. Provides that a contract entered into on or after the effective date of the amendatory Act between the nurse agency and health care facility must contain specified provisions. Provides that a party's failure to comply with the requirements of the provisions concerning a contract between a nurse agency and a health care facility shall be a defense to the enforcement of a contract between a nurse agency and a health care facility. Provides that a prevailing party may recover specified damages, specified fees and costs, and other relief for each violation. Makes other changes. Makes a corresponding change in the Freedom of Information Act. Effective July 1, 2022.

Amends the Illinois Insurance Code. Provides that an insured or any other person who may be the owner of rights under a policy of life insurance may make an irrevocable assignment of all or a part of his or her rights under the policy to a funeral home in accordance with a specified provision of the Illinois Funeral or Burial Funds Act. Provides that a policy owner who executes a designation beneficiary form irrevocably waives and cannot exercise certain rights. Amends the Illinois Funeral or Burial Funds Act. In a provision concerning pre-need contracts funded through the purchase of a life insurance policy or tax-deferred annuity contract, provides that nothing shall prohibit the purchaser from irrevocably assigning ownership of the policy or annuity to a person or trust or from irrevocably assigning the benefits of the policy or annuity to a funeral home for the purpose of obtaining favorable consideration for Medicaid, Supplemental Security Income, or another public assistance program. Requires the insured or any other person who may be the owner of rights under the policy of whole life insurance to sign a guaranteed pre-need contract with the provider that describes the cost of the goods and services to be provided upon the person's death, up to $6,774, except that any portion of a contract that clearly represents the purchase of burial space is exempt regardless of value. Amends the Aid to the Aged, Blind or Disabled Article of the Illinois Public Aid Code. In a provision requiring the Department of Human Services to exempt certain prepaid funeral or burial contracts from consideration when making an eligibility determination for medical assistance, provides that at any time after submitting an application for medical assistance and before the Department makes a final determination of eligibility, an applicant may use available resources to purchase one of the exempted prepaid funeral or burial contracts. Exempts up to $6,774 (rather than $5,874) in funds under an irrevocable prepaid funeral or burial contract when determining an individual's resources and eligibility for medical assistance. Contains provisions concerning exemptions; irrevocable designation of beneficiary forms; and other matters. House Committee Amendment No. 1 Deletes reference to: 215 ILCS 5/245.3 new 225 ILCS 45/2a 225 ILCS 45/2b new Replaces everything after the enacting clause. Amends the Illinois Public Aid Code. In a provision requiring the Department of Human Services to exempt certain prepaid funeral or burial contracts from consideration when making an eligibility determination for medical assistance, provides that at any time after submitting an application for medical assistance and before a final determination of eligibility has been made by the Department, an applicant may use available resources to purchase one of the exempted prepaid funeral or burial contracts. Senate Committee Amendment No. 1 Adds reference to: 215 ILCS 5/245.3 new 225 ILCS 45/2a 225 ILCS 45/2b new Replaces everything after the enacting clause. Amends the Illinois Insurance Code. Provides that an insured or any other person who may be the owner of rights under a policy of life insurance may make an irrevocable assignment of all or a part of his or her rights under the policy to a funeral home in accordance with a specified provision of the Illinois Funeral or Burial Funds Act. Provides that a policy owner who executes a designation beneficiary form irrevocably waives and cannot exercise certain rights. Amends the Illinois Funeral or Burial Funds Act. In a provision concerning pre-need contracts funded through the purchase of a life insurance policy or tax-deferred annuity contract, provides that nothing shall prohibit the purchaser from irrevocably assigning ownership of the policy or annuity to a person or trust or from irrevocably assigning the benefits of the policy or annuity to a funeral home for the purpose of obtaining favorable consideration for Medicaid, Supplemental Security Income, or another public assistance program. Requires the insured or any other person who may be the owner of rights under an existing policy of life insurance to sign a guaranteed pre-need contract with the provider that describes the cost of the funeral goods and services to be provided upon the person's death, up to $7,248, except that any portion of a contract that clearly represents the purchase of burial space, as that term is defined for purposes of the Supplemental Security Income program, is exempt regardless of value. Provides that the form to effectuate the irrevocable assignment and thereby provide for the irrevocable designation of beneficiary of one or more life insurance policies shall be prepared by the Department of Healthcare and Family Services or such form, approved by the Department of Healthcare and Family Services, that has been prepared by an insurance company licensed to operate in the State of Illinois. Contains provisions concerning disclosure statements under pre-need contracts with cash advances; the distribution of proceeds under a life insurance policy upon the death of the insured; and other matters. Amends the Aid to the Aged, Blind or Disabled Article of the Illinois Public Aid Code. Provides that at any time prior to or after submitting an application for medical assistance and before a final determination of eligibility has been made, an applicant may use available resources to purchase one of the prepaid funeral or burial contracts exempted under the Article. Provides that existing life insurance policies are exempt if there has been an irrevocable assignment in compliance with a specified provision under the Illinois Funeral or Burial Funds Act. Requires a person to sign a contract with a funeral home, which is licensed under the Illinois Funeral or Burial Funds Act, that describes the cost of the funeral goods and services to be provided upon the person's death, up to $7,248, except that any portion of a contract that clearly represents the purchase of burial space, as that term is defined for purposes of the Supplemental Security Income program, is exempt regardless of value. Provides that the amount shall be adjusted annually for any increase in the Consumer Price Index. Requires the licensed funeral home to which the life insurance policy benefits have been irrevocably assigned to retain copies for inspection by the Comptroller and to report annually to the Comptroller certain information. Provides that certain provisions under the amendatory Act shall be subject to federal approval. Requires the Department of Healthcare and Family Services to apply for any necessary federal waivers or approvals to implement certain changes made under the amendatory Act. Effective immediately.

Amends the Nursing Home Care Act. Requires the Department of Public Health to establish by rule guidelines for required continuing education of all employees who inspect, survey, or evaluate a facility and to offer continuing education opportunities at least quarterly. Provides that the Department shall notify a facility and complainant of its findings regarding a complainant's complaint within 5 calendar days (rather than 10 days) of the determination. Provides that employees of a State or unit of local government agency charged with inspecting, surveying, or evaluating facilities are required to complete at least 10 hours of continuing education annually. Provides that if a facility is found to have violated any provision of the Act or rule adopted under the Act, the facility shall develop a plan of correction to address deficiencies indicated in a statement of deficiency. Requires the Department to approve or deny the plan of correction within 72 hours after receiving the plan of correction. Provides that the Department shall conduct an annual review of all survey activity from the preceding calendar year (rather than conduct an annual review) and make a report including specified information concerning the complaint and survey process. Contains other provisions. House Floor Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Removes language requiring specified actions to be taken within 7 (rather than 30) days or 5 (rather than 10) days after specified events. Removes language providing that, if a facility is found to have violated any provision of the Act or rule adopted under the Act, the facility shall develop a plan of correction to address deficiencies indicated in a statement of deficiency. Requires the Department of Public Health's annual report to include the total number of times the Department recommended a discretionary denial of payment for new Medicare or Medicaid admissions with a specified effective date and the number of instances in which employees not fully vaccinated against or who tested positive for COVID-19 entered a long-term care facility. Makes other changes. Senate Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the engrossed bill with the following changes. Requires the 10 hours of continuing education to include specified topics that support the survey process. Provides that the continuing education is separate from any continuing education required for any license that the employee holds. Requires the Department of Public Health's report to include (i) the breakdown of 24-hour, 7-day, and 30-day complaints, (ii) the average length of tenure for nurse surveyors employed by the Department at the time the report is created, and (iii) the total number of times the Department recommended a discretionary denial of payment for new Medicare or Medicaid admissions and how much time existed between the start of that denial and when the facility was notified. Removes language requiring all of the listed reporting criteria and additional complaint information requested by the Long-Term Care Facility Advisory Board, the Illinois Long-Term Care Council, or the General Assembly to be provided in aggregate and broken down by Office of Health Care Regulation region. Makes other changes. Senate Floor Amendment No. 3 Replaces everything after the enacting clause with the provisions of the engrossed bill with the following changes. Provides that at least 5 of the 10 required hours of continuing education shall be separate and distinct from any continuing education hours required for any license that the employee holds. Allows any continuing education hours provided by the Department in addition to the required 10 hours of continuing education to count towards continuing education hours required for any license that the employee holds. Makes changes in the list of items to be included in the Department's annual report. Deletes a provision requiring employees of local agencies that inspect facilities to complete continuing education. Removes language requiring all of the listed reporting criteria and additional complaint information requested by the Long-Term Care Facility Advisory Board, the Illinois Long-Term Care Council, or the General Assembly to be provided in aggregate and broken down by Office of Health Care Regulation region. Makes other changes.

Amends various laws to include emergency medical dispatchers in references to first responders. House Floor Amendment No. 2 Deletes reference to: 820 ILCS 310/1 Deletes from the engrossed bill a proposed amendment to the Workers' Occupational Diseases Act that would have expressly provided that emergency medical dispatchers are COVID-19 first responders.

Amends the Wildlife Code. Provides that a centerfire rifle may be used to harvest deer during the firearm open season set by the Director of Natural Resources annually. Provides that all straight walled rifle rounds are legal ammunition for a centerfire rifle. House Floor Amendment No. 1 Adds reference to: 520 ILCS 5/1.2aa new 520 ILCS 5/1.2bb new 520 ILCS 5/2.33 from Ch. 61, par. 2.33 Replaces everything after the enacting clause. Amends the Wildlife Code. Defines "centerfire" and "single shot". Allows a person to take deer with a single shot centerfire rifle during the open season set by the Director of Natural Resources. Limits legal handguns and rifles to centerfire handguns that are either single shot or revolvers and centerfire rifles that are single shot. Limits legal ammunition for a centerfire handgun or rifle to a bottleneck centerfire cartridge of .30 caliber or larger with a case length not exceeding one and two-fifths inches, or a straight-walled centerfire cartridge of .30 caliber or larger, both of which must be available as a factory load with the published ballistic tables of the manufacturer showing a capability of at least 500 foot pounds of energy at the muzzle. Provides that it is unlawful while deer hunting: (1) to possess or be in close proximity to a rifle that is not centerfire; or (2) be in possession of or in close proximity to a magazine that is capable of making a rifle not a single shot.

Amends the Criminal Code of 2012. Deletes provision that it is an affirmative defense to a charge of solicitation of a sexual act with a person who is under the age of 18 or who is a person with a severe or profound intellectual disability that the accused reasonably believed the person was of the age of 18 years or over or was not a person with a severe or profound intellectual disability at the time of the act giving rise to the charge. Provides that solicitation of a sexual act from a person who is under the age of 18 or whom the solicitor of the sexual act reasonably believes to be under the age of 18 is a Class 4 felony. House Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the bill as introduced but deletes provision that solicitation of a sexual act from a person whom the solicitor of the sexual act reasonably believes to be under the age of 18 is a Class 4 felony.

Amends the Illinois Vehicle Code. Removes language requiring the phrase "The Susan G. Komen Foundation" to be placed on mammogram license plates. Removes language requiring all money in the Mammogram Fund to be paid as grants to the Susan G. Komen Foundation for breast cancer research, education, screening, and treatment. Provides that all money in the Mammogram Fund shall be paid to the Illinois Breast and Cervical Cancer Program for patient navigation services specifically for populations with the highest rates of breast cancer mortality in the State. Senate Committee Amendment No. 1 Provides that all money in the Mammogram Fund shall be paid to the Illinois Department of Public Health for the Illinois Breast and Cervical Cancer Program. Senate Floor Amendment No. 2 Replaces everything after the enacting clause with the provisions of the bill, as amended by Senate Amendment No. 1, with the following changes. Provides that all money in the Mammogram Fund shall be distributed by the Illinois Department of Public Health to the Illinois Breast and Cervical Cancer Program (rather than distribution by the Secretary of State to the Illinois Department of Public Health for the Illinois Breast and Cervical Cancer Program).