Sen. Ann Gillespie

Creates the Certified Professional Midwives Practice Act. Provides for the licensure of midwives by the Department of Financial and Professional Regulation and for certain limitations on the activities of licensed midwives. Creates the Illinois Midwifery Board. Sets forth provisions concerning application, qualifications, grounds for disciplinary action, and administrative procedures. Amends the Regulatory Sunset Act to set a repeal date for the new Act of January 1, 2031. Amends the Illinois Insurance Code, the Medical Practice Act of 1987, the Nurse Practice Act, and the Illinois Public Aid Code to make related changes.

Amends the School Code. Makes a technical change in a Section concerning a financial oversight panel's powers. Senate Floor Amendment No. 1 Deletes reference to: 105 ILCS 5/1B-22 Adds reference to: 105 ILCS 5/10-21.3a 105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6 105 ILCS 5/10-22.6a from Ch. 122, par. 10-22.6a 105 ILCS 5/13A-11 105 ILCS 5/22-60 105 ILCS 5/26-2a from Ch. 122, par. 26-2a 105 ILCS 5/Art. 26A heading new 105 ILCS 5/26A-1 new 105 ILCS 5/26A-5 new 105 ILCS 5/26A-10 new 105 ILCS 5/26A-15 new 105 ILCS 5/26A-20 new 105 ILCS 5/26A-25 new 105 ILCS 5/26A-30 new 105 ILCS 5/26A-35 new 105 ILCS 5/26A-40 new 105 ILCS 5/26A-45 new 105 ILCS 5/26A-50 new 105 ILCS 5/26A-55 new 105 ILCS 5/27A-5 105 ILCS 5/34-18.24 105 ILCS 10/5 from Ch. 122, par. 50-5 30 ILCS 805/8.43 new Replaces everything after the enacting clause. Amends the School Code. Creates the Children and Youth Who Are Parents, Expectant Parents, or Victims of Gender-Based Violence Article. Defines terms. Requires the State Board of Education to create the Ensuring Success in School working group to advise the State Board on the implementation, monitoring, and evaluation of the Article by schools and school districts, including the development of policies, procedures, and protocols to be implemented by schools and school districts; provides for the working group's membership. Every 2 years, requires each school district to review all existing policies and procedures and revise any existing policies and procedures that may act as a barrier to the immediate enrollment and re-enrollment, attendance, graduation, and success in school of any youth who is a parent, expectant parent, or victim of gender-based violence or any policies or procedures that may compromise a criminal investigation relating to gender-based violence or may re-victimize the youth. On or before July 1, 2020, requires each school district to adopt one procedure to resolve complaints of alleged incidents of student-perpetrated, gender-based violence; specifies procedure requirements. Requires each school district to adopt and implement a policy and protocol to ensure that all information concerning a youth's status and related experiences as a parent, expectant parent, or victim of gender-based violence provided to or otherwise obtained by the school district or its employees or agents shall be retained in the strictest confidence by the school district or its employees or agents. Requires each school district to designate or appoint at least one staff person at each school in the district who is employed at least part-time at the school and who is a school social worker, school psychologist, school counselor, school nurse, school teacher, or school administrator trained to address, in a culturally responsive, confidential, and sensitive manner, the needs of youth who are parents, expectant parents, or victims of gender-based violence; specifies the staff person's duties. Provides that a student who is a victim of gender-based violence must be permitted to transfer schools immediately and as needed, including to a school in another school district, if the student's continued attendance at a particular attendance center, school facility, or school location poses a risk to the student's mental or physical well-being or safety. Makes other changes. Amends the Illinois School Student Records Act to provide that all information concerning a student's status and related experiences as a parent, expectant parent, or victim of gender-based violence must be retained by the school in the strictest confidence. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately. House Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. With regard to a student who is a victim of gender-based violence and who seeks transfer to another school, provides that the school district the student transfers to must be an adjoining school district, unless there is no attendance center, school facility, or school location in that district in which the student's attendance poses no risk to the student's mental or physical well-being or safety. Provides that the school district the student seeks to transfer to may deny a transfer to a particular attendance center if (i) the attendance center exceeds or, as a result of the transfer, would exceed its attendance capacity, (ii) the student does not meet the attendance center's academic criteria for enrollment, or (iii) the transfer would prevent the school district from meeting obligations under State or federal law, a court order, or a consent decree. Provides that if no adjoining school district is available for transfer, the student may transfer to another school district, unless there is no attendance center, school facility, or school location in that district in which the student's attendance poses no risk to the student's mental or physical well-being or safety. With regard to the Children and Youth Who Are Parents, Expectant Parents, or Victims of Gender-Based Violence Article, defines "sexual activity" and modifies other definitions. Changes the membership of the Ensuring Success in School working group and requires the members to serve for a term of 2 years, which may be extended for a second term. Requires the working group to incorporate the advice and recommendations of youth who are parents, expectant parents, and victims of gender-based violence into the working group's advice to the State Board of Education on the implementation, monitoring, and evaluation of the Article. Requires complaint resolution procedures to be adopted by each school district by January 1, 2021 (rather than July 1, 2020) and adds a complaint of a violation of the Article as part of the procedure; makes conforming changes. Makes other changes. Effective immediately.

Amends the Government Severance Pay Act. Provides that a contract containing a severance pay provision must include, among other requirements, a requirement that if a provision to transition into a different position is included in the contract, then the contract must include a provision that compensation may not exceed the annual compensation of the highest paid employee in the relevant department to which a person is transitioning. Specifies that the provisions are declarative of existing law and shall not be construed as a new enactment. Modifies the definition of "severance pay". Effective immediately.

Creates the Higher Education Housing and Opportunities Act. Requires an institution of higher education (including a business, technical, or vocational school) to designate at least one employee who works within the financial aid department, campus housing services, or any other appropriate office or department, as may be determined by the institution, to serve as a liaison between the institution and a homeless student or student in care who is enrolled at the institution. Sets forth the responsibilities of the liaison, the Board of Higher Education, and the institution. Effective August 1, 2021.

Amends the Illinois Insurance Code. Removes the age limitation for coverage in provisions concerning coverage for epinephrine injectors. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following change. Provides that group or individual policies of accident and health insurance or managed care plans amended, delivered, issued, or renewed on or after January 1, 2021 (rather than January 1, 2020) shall provide coverage for medically necessary epinephrine injectors. 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 State Officials and Employees Ethics Act. Provides that no person who has served as a statewide elected official, the executive or administrative head of a State agency, the deputy executive or administrative head of a State agency, or a member of the General Assembly shall, within 2 years after the termination of service or employment, become a lobbyist. Defines "lobbyist".

Amends the Labor Dispute Act. Makes a technical change in a Section concerning the short title. Senate Floor Amendment No. 2 Deletes reference to: 820 ILCS 5/1.1 Adds reference to: New Act 30 ILCS 105/5.891 new Replaces everything after the enacting clause. Creates the Healthy Workplace Act and amends the State Finance Act. Requires employers to provide specified paid sick days to employees. Sets forth the purposes for and manner in which the sick days may be used. Contains provisions regarding employer responsibilities, unlawful employer practices, and other matters. Exempts employers subject to the Railway Labor Act. Provides that an employee who works in the State who is absent from work for specified reasons is entitled to earn and use a minimum of 40 hours of paid sick time during a 12-month period or a pro rata number of hours of paid sick time under the provisions of the Act. Provides that it is unlawful for an employer to interfere with, restrain, deny, change work days or hours scheduled to avoid paying sick time, or discipline an employee for the exercise of, or the attempt to exercise, any right provided under or in connection with the Act, including considering the use of paid sick time as a negative factor in an employment action that involves hiring, terminating, evaluating, promoting, disciplining, or counting the paid sick time under a no-fault attendance policy. Provides that any employer that the Department of Labor or a court finds by a preponderance of the evidence to have knowingly, repeatedly, or with reckless disregard violated any provision of the Act or any rule adopted under the Act is subject to a civil money penalty to be paid to the employee not to exceed $2,500 for each separate offense. Provides that the Department of Labor shall administer the Act. Authorizes individuals to file civil actions with respect to violations. Creates the Healthy Workplace Fund as a special fund in the State treasury. Effective immediately. Correctional Note, House Floor Amendment No. 1 (Dept of Corrections) This amendment has no fiscal impact or population impact on the department. State Debt Impact Note, House Floor Amendment No. 1 (Government Forecasting & Accountability) SB 0471, as amended by House Amendment 1, would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness. Pension Note, House Floor Amendment No. 1 (Government Forecasting & Accountability) The fiscal impact of SB 471, as amended by HA 1, is not known as the number of COVID-related fatalities amongst the ranks of Chicago police officers and firefighters cannot be predicted. Judicial Note, House Floor Amendment No. 1 (Admin Office of the Illinois Courts) Based on a review of the bill, it has been determined that the proposed legislation would neither increase nor decrease the number of judges needed in the state of Illinois. Balanced Budget Note, House Floor Amendment No. 1 (Office of Management and Budget) Please be advised that the Balanced Budget Note Act does not apply to Senate Bill 471, as amended by House Amendment 1 as it is not a supplemental appropriation that increases or decreases appropriations. Under the Act, a balanced budget note must be prepared only for bills that change a general funds appropriation for the fiscal year in which the new bill is enacted. Land Conveyance Appraisal Note, House Floor Amendment No. 1 (Dept. of Transportation) No land conveyances are included in Senate Bill 471 (H-AM-1); therefore, there are no appraisals to be filed. House Floor Amendment No. 3 Deletes reference to: New Act 30 ILCS 105/5.891 new Adds reference to: 5 ILCS 345/1 from Ch. 70, par. 91 230 ILCS 5/15.5 new 720 ILCS 5/12-3.05 was 720 ILCS 5/12-4 Replaces everything after the enacting clause. Amends the Public Employee Disability Act. Provides that upon the occurrence of circumstances which would hinder the physical recovery from an injury of an eligible employee within the one-year period as required under the Act, the eligible employee shall be entitled to an extension of no longer than 60 days by which he or she shall continue to be paid by the employing public entity on the same basis as he or she was paid before the injury. Provides that the employing public entity may require proof of the circumstances hindering an eligible employee's physical recovery before granting the extension. Makes conforming changes. Amends the Illinois Horse Racing Act of 1975. Provides that, as a condition of obtaining an organization gaming license under the Act, an entity that has at least 10 employees on average over the 12 months preceding application for the license must negotiate and enter into a labor agreement with labor organizations that seek to represent the entity's employees. Amends the Criminal Code of 2012. Provides that battery of a merchant is aggravated battery: (i) when the merchant is performing his or her duties, including, but not limited to, relaying directions for healthcare or safety from his or her supervisor or employer or relaying health or safety guidelines, recommendations, regulations, or rules from a federal, State, or local public health agency; and (ii) during a disaster declared by the Governor, or a state of emergency declared by the mayor of the municipality in which the merchant is located, due to a public health emergency and for a period of 6 months after such declaration. Effective immediately. State Debt Impact Note, House Floor Amendment No. 3 (Government Forecasting & Accountability) SB 0471, as amended by House Amendment 3, would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness Pension Note, House Floor Amendment No. 3 (Government Forecasting & Accountability) There is no discernible fiscal impact to pension funds that employ public safety personnel as a result of SB 0471, as amended by HA 3. The number of public safety employees who will contract COVID-19 during the time period enumerated in the bill cannot be predicted. Judicial Note, House Floor Amendment No. 3 (Admin Office of the Illinois Courts) This legislation would neither increase nor decrease the number of judges needed in the state of Illinois. Housing Affordability Impact Note, House Floor Amendment No. 1 (Housing Development Authority) This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence. Balanced Budget Note, House Floor Amendment No. 3 (Office of Management and Budget) Please be advised that the Balanced Budget Note Act does not apply to Senate Bill 471, as amended by House Amendment 3 as it is not a supplemental appropriation that increases or decreases appropriations. Under the Act, a balanced budget note must be prepared only for bills that change a general funds appropriation for the fiscal year in which the new bill is enacted. Home Rule Note, House Floor Amendment No. 3 (Dept. of Commerce & Economic Opportunity) This bill does pre-empt home rule authority State Mandates Fiscal Note, House Floor Amendment No. 3 (Dept. of Commerce & Economic Opportunity) This bill does not create a State Mandate. Housing Affordability Impact Note, House Floor Amendment No. 3 (Housing Development Authority) This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence. Correctional Note, House Floor Amendment No. 3 (Dept of Corrections) This amendment has no fiscal impact or population impact on the Department of Corrections. Fiscal Note, House Floor Amendment No. 3 (Department of Employment Security) Senate Bill 471 (HA-3) has no fiscal impact on the Department of Employment Security.

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.

Amends the Property Tax Code. Removes provisions providing that taxpayers who are granted a homestead exemption for veterans with disabilities must reapply on an annual basis. Effective January 1, 2021.