Sen. Elgie Sims

Amends the Unified Code of Corrections. Provides that in imposing a sentence for an offense that requires a mandatory minimum sentence of imprisonment or probation or conditional discharge of 2 years or more, the court may sentence the offender to probation or conditional discharge or other non-imprisonment sentence it deems appropriate instead of to a sentence of imprisonment or to a lesser sentence of imprisonment, probation, or conditional discharge than the minimum sentence of imprisonment, probation, or conditional discharge provided for the offense if the court finds that the defendant does not pose a risk to public safety and the interest of justice requires the non-imposition of the mandatory sentence of imprisonment or a lesser sentence of imprisonment, probation, or conditional discharge. Provides that the court must state on the record its reasons for not imposing the minimum sentence of imprisonment or a lesser sentence of imprisonment, probation, or conditional discharge. Provides that if the defendant has been charged with an offense involving the use, possession, or discharge of a firearm, the court may not deviate from a mandatory minimum sentence or probation or conditional discharge requirement, unless it is the recommendation of a presentence investigation and there is clear articulable evidence that the defendant is not a threat to the public safety. Provides that an offender convicted of a sex offense or an offense involving the infliction of great bodily harm may not be sentenced to a lesser term of imprisonment, probation, or conditional discharge. House Committee Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. Provides that in imposing a sentence for an offense that requires a mandatory minimum sentence of imprisonment or probation or conditional discharge of 2 years or more, the court may instead sentence the offender to a lesser term of imprisonment, probation, or conditional discharge it deems appropriate if the court finds that the defendant does not pose a risk to public safety and the interest of justice requires the non-imposition of the mandatory sentence of imprisonment or a lesser sentence of imprisonment, probation, or conditional discharge. Provides that an offender convicted of a sex offense, robbery offense, or a crime of violence as defined in the Crime Victims Compensation Act (rather than an offense involving the infliction of great bodily harm) may not be sentenced to a lesser term of imprisonment, probation, or conditional discharge under the provision. House Floor Amendment No. 4 Replaces everything after the enacting clause. Amends the Unified Code of Corrections. Provides that in imposing a sentence for an offense that requires a mandatory minimum sentence of imprisonment, the court may instead sentence the offender to probation, conditional discharge, or a lesser term of imprisonment it deems appropriate if: (1) the offense involves the use or possession of drugs, retail theft, or driving on a revoked license due to unpaid financial obligations; (2) the court finds that the defendant does not pose a risk to public safety; and (3) the interest of justice requires imposing probation, conditional discharge, or a lesser term of imprisonment. Provides that the court must state on the record its reasons for imposing probation, conditional discharge, or a lesser term of imprisonment.

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.

Creates the Clean Energy Jobs Act. Contains only a short title provision.

Amends the Illinois Income Tax Act. Provides that the credit for student assistance contributions sunsets on December 30, 2025 (instead of December 30, 2020). Provides that the credit for student-assistance contributions may not exceed $1,000 (currently, $500) per contributing employee per taxable year. Effective immediately.

Amends the Criminal Identification Act. Provides that no fee shall be required if the records sought to be expunged or sealed were arrests resulting in release without charging or arrests or charges not initiated by arrest resulting in acquittal, dismissal, or conviction when the conviction was reversed or vacated, except for the expungement or sealing of certain records of minor traffic violations. Eliminates the county fee waiver pilot program that was only applicable in counties of 3,000,000 or more inhabitants that was set to expire on January 1, 2021.

Amends the Illinois Governmental Ethics Act. Creates a uniform statement of economic interest form that must be completed by all persons who are required to file that form under the Act. Changes the nature of the required disclosures that must be made. Requires candidates filing for Supreme Court Judge, appellate court judge, or circuit court judge to file his or her statement of economic interests in written or printed form. Repeals a provision that established a separate form for persons required to file a statement of economic interests with county clerks. Defines terms. Adds applicability clause. Makes conforming changes. Effective immediately.

Creates the Community Emergency Services and Support Act. Provides that every unit of local government that provides emergency medical services for individuals with physical health needs must also provide appropriate emergency response services to individuals experiencing a mental or behavioral health emergency. Amends the Emergency Telephone System Act to make conforming changes.

Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that for facilities licensed by the Department of Public Health as ID/DD facilities or MC/DD facilities, the rates and reimbursements taking effect within 30 days after the effective date of the amendatory Act shall be sufficient to fund a per hour wage increase for non-executive front line personnel to ensure that the wages and benefits paid to non-executive front-line personnel at ID/DD and MC/DD facilities are equal to the wages and benefits paid to non-executive front-line personnel at community-based provider organizations serving individuals with developmental disabilities. Provides that the term "non-executive front-line personnel" includes, but is not limited to, direct support persons, aides, front-line supervisors, qualified intellectual disabilities professionals, nurses, and non-administrative support staff. Requires the Department of Healthcare and Family Services to adopt rules. Amends the Illinois Administrative Procedure Act. Permits the Department of Healthcare and Family Services to adopt emergency rules to implement the provisions of the amendatory Act. Effective immediately.

Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that for facilities licensed by the Department of Public Health under the ID/DD Community Care Act as ID/DD Facilities and under the MC/DD Act as MC/DD Facilities, subject to federal approval, the rates taking effect on the latter of the approval date of the State Plan Amendment for these facilities or the Waiver Amendment for the home and community-based services settings shall include an increase sufficient to provide a $0.26 per hour wage increase to the base wage for non-executive staff. Requires the Department to adopt emergency rules. Amends the Illinois Administrative Procedure Act. Provides that emergency rules may be adopted to implement the provisions of the amendatory Act. Effective immediately. House Floor Amendment No. 1 Deletes reference to: 305 ILCS 5/5-5.4 Adds reference to: 5 ILCS 100/5-45.1 new 5 ILCS 100/5-46.3 rep. 20 ILCS 3960/3 from Ch. 111 1/2, par. 1153 20 ILCS 3960/8.7 30 ILCS 105/6z-81 210 ILCS 50/32.5 305 ILCS 5/5-5.05c new 305 ILCS 5/5-5e.1 305 ILCS 5/5A-2 from Ch. 23, par. 5A-2 305 ILCS 5/5A-4 from Ch. 23, par. 5A-4 305 ILCS 5/5A-8 from Ch. 23, par. 5A-8 305 ILCS 5/5A-10 from Ch. 23, par. 5A-10 305 ILCS 5/5A-12.7 new 305 ILCS 5/5A-12.8 new 305 ILCS 5/5A-13 305 ILCS 5/5A-14 305 ILCS 5/5A-17 new 305 ILCS 5/12-4.105 305 ILCS 5/14-12 Replaces everything after the enacting clause. Amends the Illinois Public Aid Code. Extends the time period that a hospital can qualify as a safety-net hospital. Makes changes to provisions concerning annual assessments on inpatient services for hospital providers for the period of July 1, 2020 through December 31, 2020 and calendar years 2021 and 2022 (rather than for State fiscal years 2021 through 2024). Provides that should the change in the assessment methodology for fiscal years 2021 through December 31, 2022 not be approved on or before June 30, 2020, the assessment in effect for fiscal year 2020 shall remain in place until the new assessment is approved. Provides that if the assessment methodology for July 1, 2020 through December 31, 2022, is approved on or after July 1, 2020, it shall be retroactive to July 1, 2020, subject to federal approval and provided that certain hospital access payments authorized under the Code have the same effective date as the new assessment methodology. Contains provisions concerning an Assessment Adjustment for hospital providers beginning July 1, 2020. Provides that the Hospital Provider Fund shall make certain transfers to designated funds during State fiscal years 2021 and 2022. Contain provisions requiring the Department of Healthcare and Family Services to make hospital access payments to hospitals or to require capitated managed care organizations to make such payments for hospital services rendered on and after July 1, 2020. Provides that such hospital access payments are not due and payable until (1) certain payment methodologies are approved by the federal government in an appropriate State Plan amendment or directed payment preprint; and (2) a specified assessment is determined to be a permissible tax under the Social Security Act. Contains provisions concerning graduation medical education payments, Medicaid indirect medical education payments, and Medicaid Intern Resident Cost calculations for hospitals. Provides that critical access hospitals, safety-net hospitals, long term acute care hospitals, freestanding psychiatric hospitals, freestanding rehabilitation hospitals, and general acute care hospitals shall receive annual fee-for-service supplemental payments to be paid in 12 equal installments. Provides that certain hospitals shall receive Alzheimer's treatment access payments. Requires the Department to require managed care organizations to make directed payments and pass-through payments each calendar year. Provides that for the purpose of allocating funds included in capitation payments to managed care organizations, Illinois hospitals shall be divided into specified classes. Provides that beginning July 1, 2020, the Department shall issue payments to managed care organizations which shall be used to issue directed payments to qualified Illinois safety-net hospitals and critical access hospitals on a monthly basis. Contains provisions concerning quarterly inpatient per unit add-ons; quarterly inpatient directed payments; and quarterly outpatient per unit add-ons for specified hospitals. Sets forth specified amounts to be allocated to specified hospital class directed payment pools for the quarterly development of a uniform per unit add-on for the period July 1, 2020 through December 2020. Requires the Department to direct managed care organizations to make certain payments to general acute care hospitals, high Medicaid hospitals, long term acute care hospitals, and other specified hospitals based on each hospital's claims data for the relevant determination quarter. Requires the Department to submit certain reports to the General Assembly beginning February 1, 2022. Extends the repeal date of certain assessments and disbursements to December 31, 2022 (rather than July 1, 2020). Changes the name of the hospital transformation program to the hospital and health care transformation program. Provides that during State Fiscal Years 2021 through 2023, the hospital and health care transformation program shall be supported by an annual transformation funding pool of at least $150,000,000 to be allocated during the specified fiscal years for the purpose of facilitating hospital and health care transformation. Contains provisions concerning other matters. Amends the Illinois Administrative Procedure Act. Grants the Department of Healthcare and Family Services emergency rulemaking authority for changes made to the Illinois Public Aid Code by the amendatory Act. Amends the Illinois Health Facilities Planning Act. Provides that an application to close a health care facility shall only be deemed complete if it includes evidence that the health care facility provided written notice at least 30 days prior to filing the application of its intent to do so to the municipality in which it is located, the State Representative and State Senator of the district in which the health care facility is located, the State Board, the Director of Public Health, and the Director of Healthcare and Family Services. Amends the Emergency Medical Services (EMS) Systems Act. Provides that the Department of Public Health shall issue an annual Freestanding Emergency Center (FEC) license to a facility if the Department of Healthcare and Family Services has approved the conversion to an FEC (rather than certified the conversion to an FEC was approved by the Hospital Transformation Review Committee) as a project subject to the hospital's transformation in accordance with a specified provision under the Illinois Public Aid Code. Effective immediately.

Creates the Right to Shop Act. Requires a carrier offering a health plan to develop and implement a program that provides incentives for enrollees in a health plan who elect to receive a comparable health care service from a provider that collects less than the average in-network allowed amount paid by that carrier to a network provider for that comparable health care service. Provides how incentives may be calculated, distributed, and offered. Requires the carrier to file a description of the health care service incentive program with the Department of Insurance. Requires a carrier to establish an interactive mechanism on its website to enable an enrollee to request the estimated amount the carrier would pay to a network provider for a comparable health care service. Requires the Director of Central Management Services to conduct an analysis on the cost effectiveness of implementing an incentive-based program for current enrollees and retirees of the State group health benefits plan. Requires a program found to be cost effective to be implemented as part of the next open enrollment. Effective immediately.