Rep. Bob Rita

Amends the State Commemorative Dates Act. Provides that Juneteenth National Freedom Day shall be observed on June 19 of each year as a holiday throughout the State (currently, not a holiday and is observed on the third Saturday of June of each year). Provides that when June 19 falls on a Sunday, the following Monday shall be held and considered the holiday. Amends the Election Code, the Illinois Procurement Code, the School Code, and the Promissory Note and Bank Holiday Act to include Juneteenth National Freedom Day as a holiday. Effective immediately. Fiscal Note (Dept. of Central Management Services) Senate Bill 1965 will not require additional resources. Salaries will be paid, whether on holiday or at work. What is lost is productivity. If that equates to the cost of salaries, then CMS Bureau of Personnel's estimate is $11.3M statewide.

Creates the Water and Sewer Financial Assistance Act. Provides that the Department of Commerce and Economic Opportunity is authorized to institute the water and sewer assistance program. Provides that any person who is a resident of the State of Illinois and whose household income is not greater than an amount determined annually by the Department may apply for assistance. Provides that in determining the amounts of assistance to be provided to or on behalf of a qualified applicant, the Department shall ensure that the highest amounts of assistance go to households with the greatest need for financial assistance in relation to household income by considering specified factors. Provides that each water or sewer provider shall assess each of its customer accounts a monthly Water and Sewer Assistance Charge to be deposited into the Water and Sewer Low-Income Assistance Fund. Amends the State Finance Act. Creates the Water and Sewer Low-Income Assistance Fund. Amends the Public Utilities Act. Provides that specified water or sewer utilities shall be allowed to offer a financial assistance program designed for bill payment assistance for low-income customers in accordance with the Water and Sewer Financial Assistance Act. Provides that the costs of a financial assistance program offered by a water or sewer utility shall be reimbursed from the Water and Sewer Low-Income Assistance Fund. Effective immediately. House Floor Amendment No. 1 Provides that, in its use of federal funds under the Act, the Department of Commerce and Economic Opportunity may not cause a disproportionate share of those federal funds to benefit customers of water or sewer providers that do not assess the Water and Sewer Assistance Charge. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: In provisions creating the Water and Sewer Financial Assistance Act, provides that in setting the annual eligibility level to receive financial assistance under the Act, the Department of Commerce and Economic Opportunity may not set a limit higher than the eligibility limit for assistance under the Energy Assistance Act (rather than 150% of the poverty guidelines updated periodically in the Federal Register by the U.S. Department of Health and Human Services). Provides that the process to allow a water or sewer provider to discontinue imposing assessments shall include review by the Illinois Commerce Commission of any water or sewer provider subject to the Public Utilities Act. Removes provisions concerning program eligibility for residents of rental properties. In provisions amending the Public Utilities Act, provides that the Commission shall render its decision within 90 days (rather than 60 days) after receiving a petition from a water or sewer utility to offer a financial assistance program. Removes language requiring the Commission to annually review and reconcile any amounts collected through tariffs to recover the costs of the financial assistance program. Makes corresponding changes.

Amends the Senior Citizens and Persons with Disabilities Property Tax Relief Act. Makes a technical change in a Section concerning the short title. Senate Floor Amendment No. 1 Deletes reference to: 320 ILCS 25/1 Adds reference to: 320 ILCS 20/2 from Ch. 23, par. 6602 320 ILCS 20/3 from Ch. 23, par. 6603 320 ILCS 20/3.3 new 320 ILCS 20/3.5 320 ILCS 20/3.6 new 320 ILCS 20/4 from Ch. 23, par. 6604 320 ILCS 20/4.1 320 ILCS 20/4.2 320 ILCS 20/5 from Ch. 23, par. 6605 320 ILCS 20/7.1 320 ILCS 20/7.5 320 ILCS 20/8 from Ch. 23, par. 6608 320 ILCS 20/9 from Ch. 23, par. 6609 320 ILCS 20/13 320 ILCS 20/15 720 ILCS 5/3-5 from Ch. 38, par. 3-5 720 ILCS 5/17-56 was 720 ILCS 5/16-1.3 815 ILCS 515/3 from Ch. 121 1/2, par. 1603 Replaces everything after the enacting clause. Amends the Adult Protective Services Act. Expands the scope of the Act to include reports of abandonment. Requires the Department on Aging to offer, subject to appropriations, an annual trauma-informed training program that includes instruction on how trauma impacts caseworkers and other employees who respond to and prevent adult abuse, neglect, exploitation, or abandonment. Requires the Department to develop and implement a demonstration project to allow for the use of a risk assessment tool to assist in identifying elderly persons who may be experiencing elder abuse, abandonment, neglect, or exploitation. Amends the Criminal Code of 2012. Provides that a prosecution for theft by deception of a victim age 60 or older or a person with a disability may be commenced within 7 years of the last act committed in furtherance of the crime. Concerning the offense of financial exploitation of an elderly person or a person with a disability, expands the scope of "person who stands in a position of trust and confidence" to include a friend or acquaintance of the elderly person or person with a disability who is in a position of trust. Amends the Home Repair Fraud Act. Provides that a person commits home repair fraud when he or she promises a performance that he or she knows will not be completed at any time during the performance of the service. Senate Floor Amendment No. 2 Deletes reference to: 815 ILCS 515/3 from Ch. 121 1/2, par. 1603 Replaces everything after the enacting clause. Amends the Adult Protective Services Act. Expands the scope of the Act to include reports of abandonment. Requires the Department on Aging to offer, subject to appropriations, an annual trauma-informed training program that includes instruction on how trauma impacts caseworkers and other employees who respond to and prevent adult abuse, neglect, exploitation, or abandonment. Requires the Department to develop and implement a demonstration project to allow for the use of a risk assessment tool to assist in identifying elderly persons who may be experiencing elder abuse, abandonment, neglect, or exploitation. Amends the Criminal Code of 2012. Provides that a prosecution for theft by deception of a victim age 60 or older or a person with a disability may be commenced within 7 years of the last act committed in furtherance of the crime. Concerning the offense of financial exploitation of an elderly person or a person with a disability, expands the scope of "person who stands in a position of trust and confidence" to include a friend or acquaintance of the elderly person or person with a disability who is in a position of trust.

Amends the Industrial Project Revenue Bond Act in the Illinois Municipal Code. In the definition of "industrial project", includes use or disposal of surplus real estate owned by the municipality. Effective immediately.

Amends the Energy Assistance Act. Provides that the Department of Commerce and Economic Opportunity may not set the annual eligibility level for energy assistance higher than 60% of the State median income as established by the U.S. Department of Health and Human Services. Requires the Department to ensure that households with children under the age of 6 years old are offered a priority application period. Provides that the Supplemental Low-Income Energy Assistance Fund is not subject to sweeps, administrative charge-backs, or any other fiscal or budgetary maneuver that would in any way transfer any amounts from the Supplemental Low-Income Energy Assistance Fund into any other fund of the State. Contains provisions concerning certain unspent funds being utilized for weatherization expenses; allowances to Local Administrative Agencies for administrative expenses; incremental changes to the monthly energy assistance charges billed to utility customers; Department reports on monies collected and allocated to utilities for implementation of their Percentage of Income Payment Plans; and other matters. Provides that all energy assistance programs under the Act shall be available to eligible residents regardless of immigration status. Senate Floor Amendment No. 1 Changes the date upon which each public utility, electric cooperative, and municipal utility shall begin assessing a monthly Energy Assistance Charge on customer accounts from January 1, 2021 to January 1, 2022. Restores a provision providing that the Percentage of Income Payment Plan is created as a mandatory bill payment assistance program for low-income residential customers of utilities serving more than 100,000 retail customers. House Committee Amendment No. 1 Removes language that provides that the Supplemental Low-Income Energy Assistance Fund is not subject to sweeps, administrative charge-backs, or any other fiscal or budgetary maneuver that would in any way transfer any amounts from the Fund into another fund of the State.

Amends the Courses of Study Article of the School Code. Requires every public elementary school and high school to include in its curriculum a unit of instruction studying the events of Asian American history; contains provisions governing this instruction. Provides that the teaching of history of the United States shall include the study of the wrongful incarceration of Japanese Americans during World War II and the heroic service of the 100th Infantry Battalion and the 442nd Regimental Combat Team of the United States Army during World War II. Senate Floor Amendment No. 2 Deletes reference to: 105 ILCS 5/27-21 Removes the provisions relating to the history of the United States.

Urges the General Assembly and the Governor's Administration to invest our transportation and infrastructure dollars as promised under Rebuild Illinois to make good on our collective commitment to fix our roads, bridges, and schools while creating jobs and opportunities for all residents of Illinois.

Declares June 27, 2021 as Post-Traumatic Stress Injury Awareness Day. Declares June 2021 as Post-Traumatic Stress Injury Awareness Month. Urges the Departments of Public Health, Military Affairs, and Veterans Affairs to continue working to educate victims of interpersonal violence, combat, life-threatening accidents, or natural disasters and their families, as well as the general public, about the causes, symptoms, and treatment of post-traumatic stress injury.

Amends the Nursing Home Care Act. Makes a technical change in a Section concerning the short title. Senate Committee Amendment No. 1 Deletes reference to: 210 ILCS 45/1-101 Adds reference to: 210 ILCS 45/2-106.1 210 ILCS 45/2-204 from Ch. 111 1/2, par. 4152-204 210 ILCS 45/3-202.05 210 ILCS 45/3-209 from Ch. 111 1/2, par. 4153-209 210 ILCS 45/3-305 from Ch. 111 1/2, par. 4153-305 210 ILCS 45/3-305.8 new Replaces everything after the enacting clause. Amends the Nursing Home Care Act. Removes language that requires light intermediate care to be staffed at the same staffing ratio as intermediate care. Provides that for purposes of minimum staffing ratios, all residents shall be classified as requiring either skilled care or intermediate care. Defines "intermediate care" and "skilled care". Provides that the Department of Public Health shall adopt rules on or before January 1, 2020 establishing a system for determining compliance with minimum direct care staffing standards and establishing penalties for noncompliance with minimum direct care staffing ratios. Provides that monetary penalties shall be imposed beginning no later than October 1, 2020 and quarterly thereafter. Provides that a violation of the minimum staffing requirements is, at minimum, a Type "B" violation. Provides that a facility that has received a notice of violation for having violated the minimum staffing requirements shall display a notice stating that the facility did not have enough staff to meet the needs of the facility's residents during the quarter cited in the notice of violation. Adds members to the Long-Term Care Facility Advisory Board. Provides that the affirmative vote of 7 (instead of 6) members of the Board shall be necessary for Board action. Provides that a prescribing clinician must obtain voluntary informed consent, in writing, from a resident or the resident's legal representative before authorizing the administration of a psychotropic medication to that resident. Provides that a violation of certain provisions concerning informed consent is a Type "A" violation and shall serve as prima facie evidence of abuse or criminal neglect of a person in a long-term care facility under the Criminal Code of 2012. Provides that no facility or managed care plan shall deny admission or continued residency to a person or resident based on the refusal of the administration of psychotropic medication, unless the prescribing clinician or facility can demonstrate that the resident's refusal would place the health and safety of the resident, the facility staff, other residents, or visitors at risk. Makes other changes. Effective immediately. Senate Floor Amendment No. 2 Deletes reference to: 210 ILCS 45/3-305 from Ch. 111 1/2, par. 4153-305 Replaces everything after the enacting clause with the provisions of the introduced bill as amended by Senate Amendment No. 1 with the following changes: Throughout the Act, replaces references to a resident's authorized representative with references to a resident's surrogate decision maker. Contains provisions regarding the Department of Public Health's informed consent protocol. Provides that the Department shall utilize the rules, protocols, and forms previously developed and implemented under the Specialized Mental Health Rehabilitation Act of 2013, unless specified exceptions apply. Provides that informed consent forms may include side effects that the Department reasonably believes are more common. Provides that informed consent shall be sought by the facility from the resident unless the resident's attending physician determines that the resident lacks decisional capacity, as determined under the Health Care Surrogate Act. Provides that if the resident lacks decisional capacity, the facility shall seek informed consent from the resident's surrogate decision maker. Provides that no monetary penalty may be issued during the implementation period of rules establishing those penalties. Provides that the implementation period shall be July 1, 2020, through September 30, 2020. Provides that if a violation of staffing requirements is not more than a 5% deviation of the required minimum staffing requirements, the Department shall have the discretion to determine the gravity of the violation and, taking into account mitigating and aggravating circumstances and facts, may adjust any penalty or type or class of violation. Provides a notice form for facilities that do not meet the minimum staffing ratios. Makes other changes. Effective immediately. House Committee Amendment No. 2 Deletes reference to: 210 ILCS 45/2-106.1 210 ILCS 45/2-204 from Ch. 111 1/2, par. 4152-204 210 ILCS 45/3-202.05 210 ILCS 45/3-209 from Ch. 111 1/2, par. 4153-209 210 ILCS 45/3-305 from Ch. 111 1/2, par. 4153-305 210 ILCS 45/3-305.8 new Adds reference to: 210 ILCS 45/1-101 Replaces everything after the enacting clause. Amends the Nursing Home Care Act. Makes a technical change in a Section concerning the short title. House Floor Amendment No. 3 Deletes reference to: 210 ILCS 45/1-101 Adds reference to: New Act 305 ILCS 5/5A-2.1 new 305 ILCS 5/5A-2 from Ch. 23, par. 5A-2 305 ILCS 5/5-5.07 305 ILCS 5/14-12 305 ILCS 5/12-4.53 210 ILCS 45/3-206 from Ch. 111 1/2, par. 4153-206 225 ILCS 65/55-35 225 ILCS 65/60-40 225 ILCS 70/11 from Ch. 111, par. 3661 Replaces everything after the enacting clause. Amends the Illinois Public Aid Code. Reenacts provisions regarding assessments on inpatient and outpatient services imposed on hospitals. Provides for the continuity of effect of the reenacted provisions between July 1, 2020 and the effective date of the amendatory Act. Validates actions taken in reliance on or pursuant to the reenacted provisions. In a Section concerning the Department of Children and Family Services' per diem rate for an inpatient psychiatric stay beyond medical necessity, provides that the Section is inoperative on and after July 1, 2021 (instead of July 1, 2020). Provides that notwithstanding the provision of Public Act 101-209 stating that the Section is inoperative on and after July 1, 2020, the Section is operative from July 1, 2020 through June 30, 2021. Provides that beginning July 1, 2012 and ending on December 31, 2022, a hospital that would have qualified for the rate year beginning October 1, 2012 shall be a Safety-Net Hospital. Requires the Department of Healthcare and Family Services to establish a health care transformation program which shall be supported by the transformation funding pool. Provides that it is the intention of the General Assembly that innovative partnerships funded by the pool must be designed to establish or improve integrated health care delivery systems that will provide significant access to the Medicaid and uninsured populations in their communities, as well as improve health care equity. Provides that during State fiscal years 2021 through 2027, the hospital and health care transformation program shall be supported by an annual transformation funding pool of up to $150,000,000, pending federal matching funds, to be allocated during the specified fiscal years for the purpose of facilitating hospital and health care transformation. Provides that funding agreements made in accordance with the transformation program shall be considered purchases of care under the Illinois Procurement Code and funds shall be expended by the Department in a manner that maximizes federal funding to expend the entire allocated amount. Contains provisions concerning the criteria for transformation proposals; entities eligible for funding under the transformation program; the process for submitting transformation projects; the Department's process for evaluating and approving transformation proposals; and other matters. In a provision concerning Prospective Payment System rates for federally qualified health centers (FQHCs), provides that one method to increase such rates is to use an alternative payment method acceptable to the Centers for Medicare and Medicaid Services and the FQHCs, including an across the board percentage increase to existing rates. Creates the COVID-19 Medically Necessary Diagnostic Testing Act. Provides that a health plan shall not impose utilization management requirements on COVID-19 diagnostic tests for nursing home employees. Provides that medically necessary COVID-19 testing is urgent care, and health plans shall not extend the applicable wait time for a COVID-19 testing appointment, even if such an extension would otherwise be permitted. Requires a health plan to reimburse the testing provider for medically necessary COVID-19 testing at the contracted rate if the health plan has a contract with the testing provider. Amends the Medical Assistance Article of the Illinois Public Aid Code. Amends the Nursing Home Care Act. Requires the Department of Public Health to accept on-the-job experience in lieu of clinical training from any individual who participated in the temporary nursing assistant program during the COVID-19 pandemic before the end date of the temporary nursing assistant program and left the program in good standing. Requires the Department of Public Health to notify all approved certified nurse assistant training programs in the State of this requirement. Defines "temporary nursing assistant program". Provides that an individual employed during the COVID-19 pandemic as a nursing assistant in accordance with any Executive Orders, emergency rules, or policy memoranda related to COVID-19 shall be assumed to meet competency standards and may continue to be employed as a certified nurse assistant when the pandemic ends and the Executive Orders or emergency rules lapse. Amends the Hospital Licensing Act. Provides that whenever a public health emergency has resulted in pre-admission screenings to be waived in lieu of screenings post admission to a nursing home and the case coordination unit, upon being timely notified of the need to complete the post-admission screen, fails to complete the screen within the allotted time, the nursing facility shall not be penalized and shall be reimbursed for care from the date of admission. Effective immediately.

Amends the Foreign Banking Office Act. Makes a technical change in a Section concerning the short title. House Floor Amendment No. 1 Deletes reference to: 205 ILCS 645/1 Adds reference to: 215 ILCS 5/355 from Ch. 73, par. 967 215 ILCS 125/4-12 from Ch. 111 1/2, par. 1409.5 Replaces everything after the enacting clause. Amends the Illinois Insurance Code and the Health Maintenance Organization Act. Provides that all individual and small group accident and health policies written in compliance with the Patient Protection and Affordable Care Act must file rates for approval. Provides that rate increases not found to be reasonable in relation to benefits under the policy provided will be disapproved. Requires the Department of Insurance to provide a report to the General Assembly after January 1, 2021, regarding both on and off exchange individual and small group rates in the Illinois market. House Floor Amendment No. 2 Deletes reference to: 205 ILCS 645/1 Adds reference to: 215 ILCS 5/355 from Ch. 73, par. 967 215 ILCS 125/4-12 from Ch. 111 1/2, par. 1409.5 Replaces everything after the enacting clause. Amends the Illinois Insurance Code and the Health Maintenance Organization Act. Provides that all individual and small group accident and health policies written in compliance with the Patient Protection and Affordable Care Act must file rates with the Department of Insurance for approval. Provides that rate increases found to be unreasonable rate increases in relation to benefits under the policy provided shall be disapproved. Requires the Department to provide a report to the General Assembly after January 1, 2021, regarding both on and off exchange individual and small group rates in the Illinois market. Requires that the Department approve or deny rate increases within 60 calendar days after the rate increase is filed with the Department. Provides that a rate increase that is not approved or denied by the Department on the 61st calendar day shall be automatically approved on that day. Provides that no less than 30 days after the federal Centers for Medicare and Medicaid Services has certified the plans described in this Section for the upcoming plan year, the Department shall publish on its website a report explaining the rates for the subsequent calendar year's certified policies. Defines "unreasonable rate increase". Senate Floor Amendment No. 2 Deletes reference to: 215 ILCS 5/355 from Ch. 73, par. 967 215 ILCS 125/4-12 from Ch. 111 1/2, par. 1409.5 Adds reference to: 805 ILCS 5/7.05 from Ch. 32, par. 7.05 805 ILCS 5/7.15 from Ch. 32, par. 7.15 805 ILCS 5/7.30 from Ch. 32, par. 7.30 Replaces everything after the enacting clause. Amends the Business Corporation Act of 1983. Provides that if the board of directors is authorized to determine the place of a meeting of shareholders, the board of directors may determine that the meeting shall not be held at any place, but may instead be held solely by means of remote communication. Provides that a corporation may allow shareholders to participate in and act at any meeting of the shareholders through the use of remote connection; however, the corporation shall implement reasonable measures to provide the shareholders a reasonable opportunity to participate in the meeting and to vote on matters submitted to the shareholders. Provides that the corporation may implement reasonable measures to verify that each person deemed present and entitled to vote at the meeting by means of remote communication is a shareholder. Makes corresponding changes. Effective immediately.