Sen. Melinda Bush

Amends the Local Government Officer Compensation Act. Provides that the compensation of county elected officers shall be fixed by ordinance or resolution of the county board or board of county commissioners. Provides that, in the ordinance or resolution fixing the compensation of county elected officers, the county board shall separately list each stipend an elected officer is expected to receive in addition to the compensation to be paid by the county. Effective immediately.

Declares March 24, 2021 as Equal Pay Day, August 3, 2021 as Black Women's Equal Pay Day, September 8, 2021 as Native American Women's Equal Pay Day, and October 21, 2021 as Latina Equal Pay Day.

Urges Illinois school districts to add additional time to the school day and/or school year, beginning in the School Year 2021-22 and for the next three years, to help all students address the unprecedented need brought on by the COVID-19 learning disruption.

Creates the Illinois Route 53 Expansion Land Alternative Use Task Force to study the following: (1) The cost, feasibility, and environmental impact of alternative uses of the expansion land, including any potential impact on flooding in the area, (2) The short and long term economic impact to the region, and (3) All options for funding alternative uses.

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.

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.

Amends the Election Code. Provides that in distribution of the remaining funds received under the federal Help America Vote Act, the State Board of Elections may make such funds available to election authorities for the maintenance of secure collection sites for the return of vote by mail ballots. Allows election authorities to establish curb-side voting for individuals to cast a ballot during early voting or on election day. Provides that an election authority's curb-side voting program shall designate at least 2 election judges from opposite parties per vehicle and the individual must have the option to mark the ballot without interference from the election judges. Requires election authorities to accept any vote by mail ballot returned, including ballots returned with insufficient or no postage. Allows election authorities to establish secure collection sites for postage-free return of vote by mail ballots. Provides for the collection and processing of vote by mail ballots submitted to collection sites. Provides that the State Board of Elections shall establish additional guidelines for the security of collection sites. Effective immediately.

Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Repeals provisions establishing the Illinois Science and Technology Commission. Effective immediately. Senate Floor Amendment No. 1 Deletes reference to: 20 ILCS 605/605-1000 rep. 20 ILCS 700/2003 from Ch. 127, par. 3702-3 Adds reference to: 20 ILCS 605/605-1025 new Replaces everything after the enacting clause. Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Establishes the Illinois Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) Matching Funds Program to be administered by the Department of Commerce and Economic Opportunity. Provides that the Department of Commerce and Economic Opportunity may make grants to eligible businesses to match federal funds received by the business as an SBIR or STTR Phase I award and to encourage businesses to apply for Phase II awards up to a maximum of $50,000. House Committee Amendment No. 1 Deletes reference to: 20 ILCS 605/605-1025 Adds reference to: 20 ILCS 605/605-10 was 20 ILCS 605/46.1 in part Replaces everything after the enacting clause. Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Makes a technical change in a Section concerning the Department's powers and duties. House Floor Amendment No. 2 Deletes reference to: 20 ILCS 605/605-10 Adds reference to: New Act 30 ILCS 575/4 from Ch. 127, par. 132.604 30 ILCS 500/20-15 30 ILCS 500/20-60 30 ILCS 500/35-30 30 ILCS 500/50-85 new 30 ILCS 575/4f 30 ILCS 575/6 from Ch. 127, par. 132.606 20 ILCS 605/605-1055 new 20 ILCS 405/405-535 new 15 ILCS 520/22.5 from Ch. 130, par. 41a 20 ILCS 405/405-535 new 30 ILCS 575/8k new 15 ILCS 520/16.3 30 ILCS 235/8 20 ILCS 2705/2705-597 new 20 ILCS 3903/30 20 ILCS 3903/35 new 20 ILCS 3916/20 20 ILCS 3916/25 new 20 ILCS 3983/30 20 ILCS 3983/35 new 20 ILCS 5110/30 20 ILCS 5110/35 new 30 ILCS 500/5-7 new 30 ILCS 500/5-30 30 ILCS 500/20-10 30 ILCS 500/20-25 30 ILCS 500/20-30 30 ILCS 500/20-60 30 ILCS 500/35-15 30 ILCS 500/35-30 30 ILCS 500/40-20 30 ILCS 500/50-20 30 ILCS 500/50-35 30 ILCS 575/2 30 ILCS 575/4 from Ch. 127, par. 132.604 30 ILCS 575/4f 30 ILCS 575/5 from Ch. 127, par. 132.605 30 ILCS 575/5.5 new 30 ILCS 575/7 from Ch. 127, par. 132.607 30 ILCS 575/8 from Ch. 127, par. 132.608 30 ILCS 265/10 30 ILCS 265/11 30 ILCS 265/20 305 ILCS 5/9A-11 from Ch. 23, par. 9A-11 Replaces everything after the enacting clause. Amends the Business Enterprise for Minorities, and Persons with Disabilities Act. Specifies further requirements in the awarding of State contracts under the Act concerning diversity and underrepresented groups. Amends the Illinois Procurement Code. Makes changes to provisions concerning competitive sealed bids and the awarding of contracts as related to diversity. Provides for diversity training. Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Establishes the Illinois Small Innovation Research (SBIR) and Small Business Technology Transfer (STTR) Matching Funds Program. Creates the Community Development Loan Guarantee Act. Establishes the Loan Guarantee Program. Provides that the State Treasurer may establish at any eligible financial institution a Loan Guarantee Account as a special account outside the State treasury and with the State Treasurer as custodian. Provides further requirements for the Program. Creates the Illinois Community Reinvestment Act. Requires each covered financial institution to have a continuing and affirmative obligation to meet the financial services needs of the communities in which its offices, branches, and other facilities are maintained, consistent with the safe and sound operation of the financial institution, and for credit unions, consistent with its common bond. Creates the Commission on Equity and Inclusion. Provides for the membership and powers and duties of the Commission. Amends the Illinois Public Aid Code. Requires the Department shall update the Child Care Assistance Program Eligibility Calculator posted on its website to include a question on whether a family is applying for child care assistance for the first time or is applying for a redetermination of eligibility. Makes conforming and other changes. Effective immediately, except that specified provisions take effect January 1, 2022. Fiscal Note, House Floor Amendment No. 2 (Office of the Treasurer) The provisions of House Amendment 2 to SB 1608 will have minimal fiscal impact on the Treasurer's office. Pension Note, House Floor Amendment No. 2 (Government Forecasting & Accountability) SB 1608, as amended by HA 2, will not impact any public pension fund or retirement system in the State of Illinois. Fiscal Note, House Floor Amendment No. 2 (Dept. of Central Management Services) The Department of Central Management Services estimates that a negative fiscal impact will be expected should Senate Bill 1608, House Amendment #2 pass into law. Fiscal Note, House Floor Amendment No. 2 (Dept. of Commerce & Economic Opportunity) Within Article 1 of the bill state contracting goals for the BEP are amended, most notably the contracting goal is increased from 20% to 30%. The goal change will have a negligible fiscal impact on the Department, no increase in costs are anticipated. Article 10 of the bill establishes the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) Matching Funds Program. The program permits the department to establish a technology related grant matching program for the purpose of job creation and economic development. The Department may allocate appropriated funds for the program, granting up to $50,000 per business. The establishment of the SBIR/STTR program provides DCEO with the ability to fund awards under the program without a mandate which increases departmental costs. DCEO anticipates using existing appropriations for the program, no new appropriations will need to be sought. Balanced Budget Note, House Floor Amendment No. 2 (Office of Management and Budget) Ple State Debt Impact Note, House Floor Amendment No. 2 (Government Forecasting & Accountability) SB 1608, as amended by House Amendment 2, 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. Housing Affordability Impact Note, House Floor Amendment No. 2 (Housing Development Authority) This bill wilI have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence.

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.