Sen. Omar Aquino

Proposes to amend the Bill of Rights Article of the Illinois Constitution. Provides that employees shall have the fundamental right to organize and to bargain collectively through representatives of their own choosing for the purpose of negotiating wages, hours, and working conditions, and to protect their economic welfare and safety at work. Provides that no law shall be passed that interferes with, negates, or diminishes the right of employees to organize and bargain collectively over their wages, hours, and other terms and conditions of employment and work place safety, including any law or ordinance that prohibits the execution or application of agreements between employers and labor organizations that represent employees requiring membership in an organization as a condition of employment. Provides that these provisions are controlling over home rule powers. Effective upon being declared adopted.

Creates the COVID-19 Federal Emergency Rental Assistance Program Act. Contains provisions for: the Federal Emergency Rental Assistance program; accessibility and transparency; process for further prioritizing applicants for financial assistance and housing stability services; and required notifications and correspondence. Amends the Code of Civil Procedure. Makes changes concerning the sealing of court files. Provides that certain new provisions concerning sealing of court files in a residential eviction action apply until August 1, 2022. Contains provisions for: the sealing of a court file in a residential eviction action; emergency sealing of a court file in a residential eviction action during the COVID-19 emergency and economic recovery period; and a temporary COVID-19 stay of certain foreclosure proceedings and filings. Makes corresponding changes to a provision regarding demand for rent and eviction actions. Makes corresponding changes in the Consumer Fraud and Deceptive Business Practices Act. Effective immediately. House Committee Amendment No. 1 Changes the definition of "administering State agency" to any agency or department of the State that is eligible to receive a direct federal allocation of federal Emergency Rental Assistance funds that will disburse funds and administer all or a portion of the Federal Emergency Rental Assistance Program. Deletes the definition of "recipient" or "program recipient". Provides that any State agency administering the program shall provide rental assistance (rather than "program recipients with relief payments") in an amount based on stated need rather than on a flat or fixed amount. Provides that the administering State agency shall make any joint program application forms available. Deletes language requiring the administering State agency to make program application forms for utility providers available. Fiscal Note (Dept. of Human Services) The source for the Rental Assistance Program is federal and pending the final determination of the agency responsible for implementing the Covid-19 Federal Emergency Rental Assistance Program, The Department of Human Services does not anticipate a significant fiscal impact to the department to carry out the duties required by HB 2877. Fiscal Note, House Committee Amendment No. 1 (Dept. of Human Services) The source for the Rental Assistance Program is federal and pending the final determination of the agency responsible for implementing the Covid-19 Federal Emergency Rental Assistance Program, The Department of Human Services does not anticipate a significant fiscal impact to the department to carry out the duties required by HB 2877 House Amendment 1. Housing Affordability Impact Note (Housing Development Authority) The Illinois Housing Development Authority does not anticipate any State fiscal impact because funding used is all federal funds. Housing Affordability Impact Note, House Committee Amendment No. 1 (Housing Development Authority) The Illinois Housing Development Authority does not anticipate any State fiscal impact because funding used is all federal funds.

Mourns the death of Pedro Velez.

Urges all Illinois legislators at all levels of government to endorse the Puerto Rico Self-Determination Act. Urges the U.S. Congress to respond to the will of Puerto Rico and to usher in a new relationship between the United States and the people of Puerto Rico.

Mourns the death of Sara Soledad Villanueva.

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 Election Code. Provides that no candidate for President or Vice-President of the United States shall appear on the official ballot for the general election if that candidate has not released his or her tax returns at least 5 days prior to the date set for certification of the ballot for the general election. Defines "released his or her tax returns" to mean that the tax returns filed with the federal Internal Revenue Service for the 5 most recent years in which tax returns have been filed by the candidates for President and Vice-President of the United States have been filed with the Secretary of State. Requires the Secretary of State to post the tax returns on the Secretary of State's website and to certify that the tax returns have been filed to the State Board of Elections. Allows the Secretary of State to adopt rules to implement the provisions. Senate Committee Amendment No. 1 Adds reference to: 10 ILCS 5/7-11 from Ch. 46, par. 7-11 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: Further amends the Election Code. Provides that a candidate for President of the United States may have his name printed upon the primary ballot of his political party if he also files his income tax returns for the previous 5 years with the office of the Secretary of State. Provides that no candidate for President or Vice President of the United States shall appear on the official ballot for the general election if that candidate has not released his or her income tax returns for the 5 tax years immediately preceding the year of the general election (rather than at least 5 days prior to the date set for certification of the ballot for the general election). Provides that the Secretary of State shall redact certain personal information of a candidate on a submitted income tax return. Provides that if a candidate for President or Vice President has not filed his or her income tax return with the Internal Revenue Service for the tax year immediately preceding the year of the general election by the time electors have been chosen, then the candidate must submit his or her income tax return to the Secretary of State within 5 days after he or she files the income tax return with the Internal Revenue Service. Changes references to "tax returns" to "income tax returns". Defines "income tax return". Makes changes to the definition of "released his or her tax returns". House Committee Amendment No. 1 Deletes reference to: 10 ILCS 5/7-11 10 ILCS 5/21-1 Adds reference to: 10 ILCS 5/7-6 from Ch. 46, par. 7-6 Replaces everything after the enacting clause. Amends the Election Code. Makes a technical change in a Section concerning expenses of conducting a primary election.

Amends the Postsecondary and Workforce Readiness Act. In provisions concerning postsecondary and career expectations, provides that, beginning in grade 6, students should be introduced to the importance of developing and applying a work ethic in a variety of contexts; sets forth what this introduction may include. Senate Floor Amendment No. 1 Deletes reference to: 110 ILCS 148/15 Adds reference to: 105 ILCS 5/2-3.130 105 ILCS 5/10-20.33 105 ILCS 5/34-18.20 Replaces everything after the enacting clause. Amends the School Code. Makes changes concerning the adoption of rules by the State Board of Education governing time out and physical restraint in the public schools. Subject to appropriation, requires the State Board to create a grant program for school districts and special education cooperatives and charter schools to implement school-wide, culturally sensitive, and trauma-informed practices, positive behavioral interventions and supports, and restorative practices. Allows the State Board to contract with a third party to provide assistance with oversight and monitoring, and requires the State Board to establish reduction goals and a system of ongoing review, auditing, and monitoring. Makes changes in provisions concerning a school board's use of time out and physical restraint, including providing that isolated time out, time out, and physical restraint may be used only under certain circumstances, prohibiting the deprivation of necessities and prone, mechanical, and chemical restraint, and requiring a meeting with school personnel if requested by the parent or guardian, the provision of information to parents and guardians, and written procedures. Effective immediately.

Amends the Revised Uniform Unclaimed Property Act. Provides that an heir or agent who files an unclaimed property claim in which the decedent's property does not exceed $100 may submit an affidavit attesting to the heir's or agent's capacity to claim in lieu of submitting a certified copy to verify a claim. Provides that the affidavit shall be accompanied by a copy of other documentary proof that the State Treasurer requests. Provides that the State Treasurer may change the maximum value by administrative rule. Effective immediately. Senate Floor Amendment No. 1 Deletes reference to: 765 ILCS 1026/15-904 Adds reference to: 110 ILCS 685/30-45 735 ILCS 30/25-5-80 new Replaces everything after the enacting clause. Requires the Department of Transportation, on behalf of the State of Illinois, to convey, by quitclaim deed, all right, title, and interest of the State of Illinois and the Department of Transportation in and to certain real estate to the Village of Bensenville. Authorizes the Director of the Department of Children and Family Services to execute and deliver a quitclaim deed for specified real property located in Cook County to the Carole Robertson Center for Learning upon payment of $1, subject to specified conditions. Amends the Northern Illinois University Law. Adds specified parcels not located on or adjacent to Northern Illinois University that the Board of Trustees may acquire, sublease or contract to purchase, or sell without compliance with the State Property Control Act and retain the proceeds in its development fund account. Provides that, in addition to other purposes, revenues from the development fund account may be withdrawn by the University for the purpose of repairs to existing campus facilities and infrastructure and professional services associated with planning and design. Removes provisions allowing revenues from the fund to be used for routine land and property acquisition, extension of utilities, streetscape work, landscape work, surface and structure parking, sidewalks, recreational paths, and street construction, and lease and lease purchase arrangements and the professional services associated with the planning and development of the area. Amends the Eminent Domain Act. Provides that quick-take proceedings may be used for a period of no more than 2 years after the effective date by Will County for the acquisition of certain described property for the purpose of the 80th Avenue Improvements project. Effective immediately. Senate Floor Amendment No. 3 Adds reference to: 15 ILCS 405/28 new 30 ILCS 105/5.935 new Amends the State Comptroller Act. Provides that the State Comptroller is authorized during State fiscal years 2021 and 2022 to acquire real property located in the City of Springfield, which the State Comptroller deems necessary to properly carry out the powers and duties vested in him or her. Provides further powers and duties concerning the acquisition of such real property. Creates the Capital Facility and Technology Modernization Fund as a special fund in the State treasury. Provides for the use of moneys in the Fund. Amends the State Finance Act to provide for the Capital Facility and Technology Modernization Fund.

Amends the Illinois Procurement Code. Prohibits any person or business that violates the Illinois Wage Payment and Collection Act, the Minimum Wage Law, the Illinois Worker Adjustment and Retraining Notification Act, the Employee Classification Act, the Day and Temporary Labor Services Act, the Fair Labor Standards Act of 1938, or any comparable state statute or regulation of any state which governs the payment of wages to do business with the State or any State agency or enter into a subcontract that is subject to the Code for a period of 5 years. Amends the Illinois Wage Payment and Collection Act. Provides that an employer that is able to pay wages and who refuses to pay is guilty of a Class 4 felony with respect to amounts of $5,000 or less (rather than a Class B misdemeanor) and of a Class 3 felony with respect to amounts greater than $5,000 (rather than a Class A misdemeanor). Provides that a subsequent failure to pay within 5 years (rather than 2 years) of a prior conviction is a Class 3 felony (rather than a Class 4 felony). House Committee Amendment No. 1 Provides that specified provisions do not apply to vendors or contracts providing for Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) benefits, Supplemental Nutrition Assistance Program (SNAP) benefits, or Medicaid benefits. Senate Floor Amendment No. 1 Deletes reference to: 30 ILCS 500/50-14.6 new 30 ILCS 500/50-60 820 ILCS 115/14 Adds reference to: 305 ILCS 5/14-12 Replaces everything after the enacting clause. Amends the Hospital Services Trust Fund Article of the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services to establish a health care transformation program that 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. Effective immediately.