Rep. Dan Ugaste

Congratulates the McHenry County Conservation District on its 50th anniversary.

Amends the Conversion and Formation of School Districts Article of the School Code. Creates the School District Efficiency Commission. Provides for the membership and support of the Commission. Requires the Commission to make recommendations to the Governor and the General Assembly on the number of school districts in this State, the optimal amount of enrollment for a school district, and where reorganization and realignment of school districts would be beneficial. Sets forth what areas the recommendations must focus on, including drafting specific propositions to reduce the statewide total number of school districts by no less than 25% through the reorganization of school districts into unit districts. Provides that, on or before May 1, 2022, the Commission must vote on its recommended propositions and file a report with the Governor and the General Assembly. Provides that if the Commission adopts the report by an affirmative vote of at least 11 of its members, then the Commission's specific propositions for reorganization of school districts into unit districts shall be filed with the appropriate regional superintendent of schools. Sets forth the regional superintendent's and State Superintendent of Education's duties with respect to the propositions. Repeals these provisions on January 31, 2023, and exempts these provisions from certain financial incentives. Effective immediately. House Floor Amendment No. 3 Deletes reference to: 105 ILCS 5/11E-135 Replaces everything after the enacting clause. Reinserts the contents of the bill with the following changes. Changes the name to the Efficient School District Commission (instead of the School District Efficiency Commission). Makes changes to the membership of the Commission. Requires the Commission to provide recommendations to the Governor, the General Assembly, and the electorate (rather than make recommendations to the Governor and the General Assembly). Makes changes concerning the Commission's recommendations. Provides that, on or before May 1, 2022 (rather than May 1, 2024), the Commission must vote on its recommendations (rather than recommended propositions). Requires the Commission to adopt the recommendations (rather than report) by an affirmative vote of at least 13 (rather than 11) of its members. Changes provisions relating to notice. Removes provisions relating to administrative review. Provides for repeal on January 31, 2025 (rather than January 31, 2023). Makes other changes, including with respect to incentive payments. Effective immediately.

Proposes to amend the Executive Article of the Illinois Constitution. Eliminates the Office of the Comptroller. Transfers the duties of the Comptroller to the Treasurer. Provides that the Treasurer shall (i) maintain the State's central fiscal accounts and order payments into and out of the funds held by him or her, (ii) be responsible for the safekeeping and investment of monies and securities deposited with him or her, and for their disbursement upon his or her order, and (iii) have the duties and powers that may be prescribed by law. Provides that no Comptroller shall be elected in 2026 and thereafter. Effective otherwise upon conclusion of the term of the Comptroller elected in 2022.

Amends the Constitutional Revision Article of the Illinois Constitutional. Provides that amendments to the Illinois Constitution (currently, Article IV of the Constitution only) may be proposed by a petition signed by a number of electors equal in number to at least eight percent of the total votes cast for candidates for Governor in the preceding gubernatorial election. Provides that the initiative process shall not be used for the proposal, modification, or repeal of any portion of the Bill of Rights of the Constitution or to modify the initiative process for proposing amendments to the Constitution. Makes conforming changes. Effective upon being declared adopted.

Proposes to amend the Suffrage and Elections Article of the Illinois Constitution. Provides for the recall of all State Executive Branch officers, legislative leaders, the Auditor General, members of the General Assembly, and local government officials. Makes changes to the procedures for the recall of the Governor. Effective upon being declared adopted.

Amends the Legislature Article of the Illinois Constitutional. Provides for a referendum to reject any Public Act by a petition signed by a number of electors. Provides signature and content requirements for the petition. Provides requirements for the validity and sufficiency of petitions. Provides that if a petition is valid and sufficient, the proposed referendum shall be submitted to the electors at the general election specified in the petition. Provides that if the voters in a specified election reject a Public Act, it shall cease to be in effect on the date specified in the referendum. Effective upon being declared adopted.

Commends Assistant Doorkeeper Wayne Padget of the Illinois House of Representatives for his quick thinking and decisive action on the House floor on January 10, 2021 and for his unflinching dedication to the Illinois House of Representatives.

Amends the House Rules. Makes changes concerning Rule 1.

Amends the Illinois Complete Count Commission Act. Provides that members serving on the Commission on the effective date of this amendatory Act may be reappointed as members for consecutive decennial census terms. Provides that the census outreach strategy shall have a strategic focus on addressing hard to count and underserved communities that the census historically overlooks, including, but not limited to, communities of color, urban and rural low-income households, immigrants, populations with language barriers, and young children. Provides for local complete count commissions. Provides further reporting requirements. Provides for Post-decennial census activities. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. Adds the Lieutenant Governor as a member of the Illinois Complete Count Commission. Provides that any vacancies occurring on or after the effective date of this amendatory Act may be filled by the Lieutenant Governor. Provides that the Lieutenant Governor (currently, Secretary of State) shall serve as chairperson of the Commission. Provides that the census outreach strategy shall have a strategic focus on addressing hard to count and underserved communities that the census historically overlooks, including, among other groups, homeless persons, senior citizens, and veterans. Provides for the creation of local Complete Count Committees (currently, local Complete Count Commissions). Requires the Commission to form relationships with specified independent organizations for the purpose of creating Complete Count Committees. Requires the Commission to issue a report (currently, final report) specifying its recommended outreach strategy for implementation for the 2020 Census no later than January 1, 2020 (currently, June 30 2019). Requires the Commission to submit a final report to the General Assembly no later than December 31, 2020 detailing the work of the Commission concerning outreach, promotion, and community support during the 2020 calendar year. Makes conforming changes. Effective immediately. House Committee Amendment No. 3 Deletes reference to: 20 ILCS 5100/5 20 ILCS 5100/15 20 ILCS 5100/20 20 ILCS 5100/25 Adds reference to: 20 ILCS 4070/1 Replaces everything after the enacting clause. Amends the Commission on Discrimination and Hate Crimes Act. Makes a technical change in a Section concerning the short title.

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.