Sen. Jennifer Bertino-Tarrant

Amends the State Treasurer Act. Provides that upon the death of a designated beneficiary, proceeds from an ABLE account may be transferred pursuant to a payable on death account agreement executed by the designated beneficiary or designated representative. Effective immediately. House Committee Amendment No. 1 Deletes reference to: 15 ILCS 505/16.6 Adds reference to: 15 ILCS 505/1 from Ch. 130, par. 1 Replaces everything after the enacting clause. Amends the State Treasurer Act. Makes a technical change in a Section concerning bond.

Amends the Property Tax Code. Provides that a taxpayer who has been granted a homestead exemption for veterans with disabilities need not reapply if he or she has been found by the Department of Veterans' Affairs to be permanently and totally disabled. Provides when any change occurs in use or ownership of property that has been granted a homestead exemption for veterans with disabilities, the transferee shall notify the chief county assessment officer of the change in writing within 90 days. Provides that the chief county assessment officer shall ensure that, if the property ceases to qualify for the exemption as a result of the change in use or ownership, then the exemption shall be removed beginning with the next taxable year after the change occurs. House Committee Amendment No. 1 Deletes reference to: 35 ILCS 200/15-169 Adds reference to: 35 ILCS 200/1-55 Replaces everything after the enacting clause. Amends the Property Tax Code. Makes a technical change in a Section concerning the definition of "33 1/3%". House Floor Amendment No. 2 Deletes reference to: 35 ILCS 200/1-55 Adds reference to: 20 ILCS 605/605-1025 20 ILCS 607/3-20 35 ILCS 5/203 from Ch. 120, par. 2-203 35 ILCS 110/3-10 from Ch. 120, par. 439.33-10 35 ILCS 115/3-10 from Ch. 120, par. 439.103-10 35 ILCS 120/1 from Ch. 120, par. 440 35 ILCS 120/2-5 35 ILCS 120/3 from Ch. 120, par. 442 35 ILCS 185/5-5 35 ILCS 185/5-25 35 ILCS 200/10-390 Replaces everything after the enacting clause. Amends the Property Tax Code. Makes changes concerning the valuation of supportive living facilities to provide that the gross potential income must not exceed the maximum individual Supplemental Security Income (SSI) amount minus a resident's personal allowance, multiplied by the number of apartments authorized by the supportive living facility certification. Amends the Illinois Income Tax Act to make changes to the definitions of gross income, adjusted gross income, and taxable income to include certain Internal Revenue Code provisions related to net operating losses. Amends the Service Use Tax Act and the Service Occupation Tax Act. Extends the 1% rate of tax to food prepared for immediate consumption and transferred incident to a sale of service at a facility subject to the Assisted Living and Shared Housing Act or the Life Care Facilities Act. Amends the Retailers' Occupation Tax Act. Provides that, beginning January 1, 2020 and through December 31, 2020, sales of tangible personal property made by a marketplace seller over a marketplace for which tax is due but for which use tax has been collected and remitted to the Department of Revenue by a marketplace facilitator are exempt. Provides that the term "marketplace facilitator" does not include any person licensed under the Auction License Act, other than any person who is an Internet auction listing service. Amends the Leveling the Playing Field for Illinois Retail Act. Provides that certified service providers who collect and remit taxes on behalf of retailers may claim the retailers' discount with respect to those taxes. Provides that the retailer is not entitled to the discount with respect to those taxes. Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Modifies provisions concerning data center investment. Provides that a "qualifying Illinois data center" means a new or existing data center that, among other requirements, certifies to the Department of Commerce and Economic Opportunity that it is carbon neutral or has attained specified certification within 2 years (currently, 90 days) after being placed in service. Amends the Brownfields Redevelopment and Intermodal Promotion Act. Extends the use of the South Suburban Brownfields Redevelopment Fund until 2022 (currently, 2021). Effective immediately. Judicial Note, House Floor Amendment No. 2 (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. Pension Note, House Floor Amendment No. 2 (Government Forecasting & Accountability) SB 1199, as amended by HA 2, will not impact any public pension fund or retirement system in the State of Illinois. Correctional Note, House Floor Amendment No. 2 (Dept of Corrections) This amendment has no fiscal impact or population impact on the department. State Debt Impact Note, House Floor Amendment No. 2 (Government Forecasting & Accountability) SB 1199, 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. Land Conveyance Appraisal Note, House Floor Amendment No. 2 (Dept. of Transportation) No land conveyances are included in Senate Bill 1199 House Amendment #2; therefore, there are no appraisals to be filed. Fiscal Note, House Floor Amendment No. 2 (Dept. of Revenue) Most of the provisions in the bill are expected to have limited to no fiscal impact except for the amendment to the Illinois Income Tax Act. Decoupling from provisions added to Section 172 and Section 461 of the Internal Revenue Code dealing with Net Operating Loss and Excess Business Losses, which were included in the federal CARES Act, will minimally prevent a reduction in revenue of $500 million. Balanced Budget Note, House Floor Amendment No. 2 (Office of Management and Budget) Please be advised that the Balanced Budget Note Act does not apply to Senate Bill 1199, as amended by House Amendment 2 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. 2 (Dept. of Commerce & Economic Opportunity) This bill does not pre-empt home rule authority. State Mandates Fiscal Note, House Floor Amendment No. 2 (Dept. of Commerce & Economic Opportunity) This bill does not create a State mandate. Housing Affordability Impact Note, House Floor Amendment No. 2 (Housing Development Authority) This bill will 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.

Amends the Liquor Control Act of 1934. Creates a third-party facilitator license. Establishes licensing fees, recordkeeping requirements, reporting requirements, and other requirements for a third-party facilitator licensee. Provides that a retailer may deliver alcoholic liquors to the home or other designated location of a consumer in this State if specified conditions are met, including verifying that the individual accepting the delivery is at least 21 years of age. Provides that a retailer may use the services of a third-party facilitator by means of the Internet or mobile application to facilitate the sale of alcoholic liquors to be delivered to the home or other designated location of a consumer in this State if specified conditions are met, including verifying that the individual accepting the delivery is at least 21 years of age. Provides that the Illinois Liquor Control Commission may not treat a violation of those conditions as a violation by the retailer. Preempts home rule powers. Makes conforming changes. Effective immediately. House Committee Amendment No. 4 Deletes reference to: 235 ILCS 5/3-12 235 ILCS 5/5-3 235 ILCS 5/6-18.5 new 235 ILCS 5/6-29.5 new Adds reference to: 235 ILCS 5/5-1 from Ch. 43, par. 115 Replaces everything after the enacting clause. Amends the Liquor Control Act of 1934. Provides that nothing in the Act, except for specified provisions concerning prohibited sales and possession of alcoholic liquor (instead of nothing in Public Act 95-634), shall deny, limit, remove, or restrict the ability of a holder of a retailer's license to transfer or ship (instead of transfer, deliver, or ship) alcoholic liquor to the purchaser for use or consumption subject to any applicable local law or ordinance. Provides that nothing in the Act, except for specified provisions concerning prohibited sales and possession of alcoholic liquor, shall deny, limit, remove, or restrict the ability of a holder of a retailer's license to deliver alcoholic liquor to the purchaser for use or consumption. Provides that the delivery shall only be made within 12 hours from the time the alcoholic liquor leaves the licensed premises of the retailer for delivery. Defines "shipping" and "deliver" for purposes of a provision concerning licenses. Limits home rule powers to regulate the delivery of alcoholic liquor. Makes other changes. House Committee Amendment No. 5 Provides that nothing in the Act, except for specified provisions concerning prohibited sales and possession of alcoholic liquor, direct shipments of alcoholic liquor, and shipments of wine (instead of provisions concerning prohibited contracts) shall deny, limit, remove, or restrict the ability of a holder of a retailer's license to transfer or ship alcoholic liquor to the purchaser for use or consumption subject to any applicable local law or ordinance. Provides that nothing in the Act, except for specified provisions concerning prohibited sales and possession of alcoholic liquor, direct shipments of alcoholic liquor, and shipments of wine (instead of provisions concerning prohibited contracts), shall deny, limit, remove, or restrict the ability of a holder of a retailer's license to deliver alcoholic liquor to the purchaser for use or consumption.

Creates the Workplace Transparency Act. Provides that an employer shall not enter into a contract or agreement with an employee or applicant if that contract or agreement contains a nondisclosure or nondisparagement clause or forced arbitration clause that covers workplace harassment or discrimination, including sexual harassment or retaliation for reporting, resisting, opposing, or assisting in the investigation of workplace harassment or discrimination. Makes corresponding changes in the Uniform Arbitration Act, the Illinois Human Rights Act, and the Illinois Freedom to Work Act. Changes the definition of "sexual harassment" in the State Officials and Employees Ethics Act and the Lobbyist Registration Act. Amends the Code of Civil Procedure. Provides that no court shall enter an order or judgment that has the purpose or effect of concealing a public hazard or any information concerning a public hazard, nor shall the court enter an order or judgment that has the purpose or effect of concealing any information that may be useful to members of the public in protecting themselves from injury that may result from the public hazard. Further amends the Illinois Human Rights Act. Requires the Department of Human Rights to adopt a model sexual harassment prevention training program and provides that all employers shall use the model or establish a training program that equals or exceeds the minimum standards provided by the model. Makes other changes concerning: definitions; procedures following an employer's failure to post required notices; and employer disclosure requirements. Amends the Victims' Economic Security and Safety Act. Makes the Act applicable in instances of sexual harassment. Provides that a civil action may be brought to enforce the Act without first filing an administrative complaint. Makes other changes concerning definitions and documentation. Effective immediately. Senate Floor Amendment No. 1 Deletes reference to: 5 ILCS 430/5-65 25 ILCS 170/4.7 735 ILCS 5/2-302 new 775 ILCS 5/5A-101 820 ILCS 90/20 new 820 ILCS 180/35 Adds reference to: 5 ILCS 140/7 from Ch. 116, par. 207 775 ILCS 5/1-103 from Ch. 68, par. 1-103 775 ILCS 5/2-102 from Ch. 68, par. 2-102 775 ILCS 5/8-109.1 new 5 ILCS 140/7.5 Replaces everything after the enacting clause. Creates the Workplace Transparency Act. Provides provisions for: prohibitions; voidable agreements; unconscionable terms; settlement or separation agreements; enforcement; application; limitations; and severability. Makes conforming changes in the Uniform Arbitration Act. Amends the Illinois Human Rights Act. Provides that it is a civil rights violation for an employer to engage in: harassment; harassment of nonemployees in the workplace; and sexual harassment of nonemployees in the workplace. Provides that beginning July 1, 2020, each employer shall disclose specified information to the Department of Human Rights. Provides that the Department shall produce a model sexual harassment prevention training program aimed at the prevention of sexual harassment in the workplace. Provides provisions for: civil penalties; failure to report; and failure to train. Makes conforming changes in the Freedom of Information Act and the Victims' Economic Security and Safety Act. Creates the Stopping Predators from Evading Allegations of Abuse of Kids Act. Provides provisions for: prohibition on sexual abuse of children in youth sports; required reporting of child and sexual abuse in youth sports; posting of rights by youth recreational athletic entity; and enforcement. Creates the Sexual Harassment Victim Representation Act. Provides that in any proceeding in which a victim who is a member of a union has accused a perpetrator who is a member of the same union, the victim and the perpetrator may not be represented in the proceeding by the same union representative. House Committee Amendment No. 1 Deletes reference to: New Act 5 ILCS 140/7.5 710 ILCS 5/1 from Ch. 10, par. 101 775 ILCS 5/1-103 from Ch. 68, par. 1-103 775 ILCS 5/2-101 from Ch. 68, par. 2-101 775 ILCS 5/2-102 from Ch. 68, par. 2-102 775 ILCS 5/2-108 new 775 ILCS 5/6-102 775 ILCS 5/7-114 new 775 ILCS 5/8-109.1 new 820 ILCS 180/10 820 ILCS 180/15 820 ILCS 180/20 820 ILCS 180/25 820 ILCS 180/30 820 ILCS 180/45 Adds reference to: 735 ILCS 5/1-101 from Ch. 110, par. 1-101 Replaces everything after the enacting clause. Amends the Code of Civil Procedure. Makes a technical change in the short title Section.

Amends the Criminal Code of 2012. Creates the offense of first responder endangerment. Provides that a person commits the offense when he or she knowingly creates a dangerous condition and intentionally conceals the dangerous condition in a commercial property under his or her management or operational control and the dangerous condition is found to be the primary cause of the death or serious bodily injury of a first responder in the course of his or her official duties. Provides that a violation is a Class 4 felony. Defines various terms. Senate Committee Amendment No. 1 Deletes reference to: 720 ILCS 5/12-5.1b new Adds reference to: 720 ILCS 5/1-1 from Ch. 38, par. 1-1 Replaces everything after the enacting clause. Amends the Criminal Code of 2012. Makes a technical change in a Section concerning the short title.

Amends the Higher Education Veterans Service Act. With regard to the requirement to advertise the office location and phone number of and Internet access to the Coordinator of Veterans and Military Personnel and Student Services, provides that the advertisement must also include the website and any social media accounts of the public college or university. Requires each public college and university to annually report to the Board of Higher Education on the efforts of the public college or university in attracting, recruiting, and retaining veterans and military personnel. Effective immediately.

Amends the General Assembly Organization Act. Provides that until January 1, 2022 (currently, January 1, 2020), the General Assembly shall not enact any law creating any new unit of local government. Repeals the Section on January 1, 2022. Effective immediately. House Committee Amendment No. 1 Deletes reference to: 25 ILCS 5/3.2 Adds reference to: 25 ILCS 5/3 from Ch. 63, par. 3 Replaces everything after the enacting clause. Amends the General Assembly Organization Act. Makes a technical change in a Section concerning the deposit of books, bills, documents, and papers with the Secretary of State.

Mourns the death of Warren Ray Thom of Plainfield.

Amends the Compensation Review Act. Provides that members of the General Assembly are prohibited from receiving and shall not receive any increase in compensation that would otherwise apply based on a cost of living adjustment for terms commencing on or after January 1, 2021, unless otherwise approved by law. Effective immediately.