Rep. Aarón Ortíz

Amends the Illinois Income Tax Act. Provides that an individual taxpayer age 65 or older is entitled to the earned income tax credit without regard to the requirement under the federal Internal Revenue Code that an individual taxpayer without a qualifying child has not attained age 65. Provides that an individual taxpayer age 18 to 24 is entitled to the earned income tax credit without regard to the requirement under the federal Internal Revenue Code that an individual taxpayer without a qualifying child has attained the age of 25. Provides that certain taxpayers using individual tax identification numbers are entitled to the earned income tax credit. Creates the eligible dependent tax credit. Provides that the total amount of credits between the eligible dependent tax credit and the earned income tax credit may not be less than $600. Amends the Earned Income Tax Credit Information Act to delete certain provisions concerning dependent children. Effective immediately.

Amends the Illinois Act on the Aging. Provides that rates and minimum mandated wage increases for homemaker services shall be, at minimum, a rate of $24.96 as of July 1, 2021 to sustain a minimum wage of $15 per hour. Requires rates in subsequent State fiscal years to be no lower than the rates in effect on July 1, 2021. Provides that providers of in-home services shall be required to certify to the Department on Aging that they remain in compliance with the mandated wage increase for direct service workers. Provides that fringe benefits, including, but not limited to, paid time off and payment for training, health insurance, travel, or transportation, shall not be reduced in relation to the rate increases described in the amendatory Act. Effective July 1, 2021.

Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that a warning must be displayed when an interactive digital entertainment product utilizes a loot box in its operations. Sets forth the contents of the warning. Provides that a failure to display the required warning is an unlawful practice. Defines terms.

Creates the Build Illinois Homes Tax Credit Act. Provides that owners of qualified low-income housing developments are eligible for credits against (i) State income taxes and (ii) any privilege tax or retaliatory tax, penalty, fee, charge, or payment imposed under the Illinois Insurance Code. Amends the Illinois Income Tax Act and the Illinois Insurance Code to make conforming changes. Effective immediately.

Amends the Language Assistance Services Act. Provides for the use and availability of qualified medical interpreters (rather than interpreters) in health facilities. Defines "qualified medical interpreters". Provides that employees of a health facility have the right to use a qualified medical interpreter for their own communication with a limited English proficient patient if a conversation between the limited English proficient patient and the employee would be jeopardized by the use of a volunteer interpreter. Requires the facility to annually transmit to the Department of Public Health a copy of the updated policy regarding language assistance services and to include a description of the facility's process to ensure adequate and speedy communication between staff and patients with language or communication barriers. Provides that facilities must prepare and maintain a list of contact information for American Sign Language (ASL) interpreter providers or individuals who have been identified as being proficient in sign language, as well as a list of the languages of the population of the geographical area served by the facility. Removes language allowing facilities to consider providing its nonbilingual staff with standardized picture and phrase sheets for use in routine communications with patients who have language or communication barriers. Makes other changes.

Creates the Illinois Hazardous Materials Workforce Training Act. Contains only a short title provision. House Committee Amendment No. 1 Adds reference to: 5 ILCS 100/5-45.8 new 35 ILCS 5/704A Replaces everything after the enacting clause. Creates the Investing in Illinois Works Tax Credit Act. Provides that each owner or operator, as defined in the Illinois Hazardous Materials Workforce Training Act, may apply for a credit against withholding payments due under the Illinois Income Tax Act for each member of its skilled and trained workforce who is also a qualifying graduate. Provides limitations on the credit. Creates the Access to Apprenticeship Act. Provides that no preapprenticeship or apprenticeship program may require a recommendation from a union member or any other person as a condition of acceptance. Amends the Illinois Administrative Procedure Act and the Illinois Income Tax Act to make conforming changes. Creates the Illinois Hazardous Workforce Materials Training Act. Requires workers at high hazard facilities to obtain minimum approved safety training, provided by the Occupational and Safety Health Administration, and to file a certificate of completion with the Department of Labor. Contains enforcement provisions. Provides that the Act does not apply to any owner or operator that has an executed national or local labor agreement in effect pertaining to the performance of construction work at a given facility or site under the terms of the agreement. Requires applicable apprenticeship and training programs, approved by and registered with the U.S. Department of Labor's Office of Apprenticeship, providing minimum approved safety training for workers in high hazard facilities and contractors employing workers at high hazard facilities to file an annual report with the Department and the Illinois Works Review Panel. Provides that an owner or operator who violates the requirements of the Act shall be subject to a minimum civil penalty of $10,000 for each violation. Requires all moneys received by the Department as fees and civil penalties under the Act to be deposited into the Illinois Works Fund to be used to recruit, prescreen, and provide preapprenticeship skills training. Contains other provisions. Effective January 1, 2022. House Floor Amendment No. 2 Replaces everything after the enacting clause with the provisions of House Amendment No. 1 with the following changes. In provisions creating the Investing in Illinois Works Tax Credit Act, makes changes to provisions concerning definitions. Provides that each owner or operator may claim an amount equal to $2,500 (rather than may apply for a credit up to 45% of qualified wages paid) against a tax imposed under specified provisions of the Illinois Income Tax Act for each member of its skilled and trained workforce who is also a qualifying graduate. Contains provisions regarding the application process for the credit. Provides that the credit shall not be awarded more than an aggregate of $20,000,000 in total tax credits. Contains provisions regarding penalties and recapture. Makes other changes. In provisions creating the Illinois Hazardous Workforce Materials Training Act, provides that the Illinois Department of Labor (rather than the Attorney General's Workers Rights Bureau, in conjunction with the Department) must certify that an emergency warrants noncompliance with the Act. Makes other changes. In provisions amending the Illinois Income Tax Act, removes changes to the reporting periods upon which the amount computed for maximum credit is based. Makes other changes. Effective January 1, 2022. Fiscal Note, House Floor Amendment No. 2 (Dept. of Labor) There is no fiscal impact to the Department of Labor by the Illinois Works Tax Credit Act and the amendments to the Illinois Income Tax Act. The fiscal impact to the Department of Labor by the Illinois Hazardous Materials Workforce Training Act is estimated as follows: 3 Labor Conciliators (salary, benefits, and expenses): $179,917.93 each; 1 Information Services Specialist (salary, benefits, and expenses): $155,960.06; Total Department of Labor fiscal impact: $695,713.85. State Debt Impact Note, House Floor Amendment No. 2 (Government Forecasting & Accountability) HB 3437, as amended by House Amendment 2, would not change the amount of authorization for any type of State-issued bond, and, therefore, would not affect the level of State indebtedness. Senate Committee Amendment No. 1 Deletes reference to: 35 ILCS 5/704A Adds reference to: 35 ILCS 5/232 new Replaces everything after the enacting clause with the provisions of the engrossed bill with the following changes. In provisions creating the Investing in Illinois Works Tax Credit Act, makes changes to provisions concerning definitions. Provides that for taxable years beginning on or after January 1, 2023 (rather than for reporting periods beginning on or after January 1, 2022) an owner or operator may claim as a credit against the tax imposed under specified provisions of the Illinois Income Tax Act an amount equal to the amount of Illinois income tax withheld from the compensation paid to each qualifying employee and paid to the Department of Revenue, not to exceed (rather than equal to) $2,500 per calendar year for each qualifying employee. Provides that for partners and shareholders of Subchapter S corporations, there shall be allowed a credit to be determined in accordance with the determination of income and distributive share of income under specified provisions of the Internal Revenue Code. Removes language providing that specified provisions are exempt from specified provisions of the Illinois Income Tax Act. Makes other changes. In provisions creating the Illinois Hazardous Materials Workforce Training Act, provides the findings of the General Assembly. Makes changes to provisions concerning definitions. Provides that within 3 days after an emergency resulting in a failure to comply with the Act, an owner or operator must notify the Department that such an event occurred and provide documentation supporting its claim that compliance with the Act was impracticable. Makes changes to provisions concerning enforcement and reporting requirements. Requires the Department of Labor to consider the gravity of a violation in determining the amount of the penalty for the violation. Provides that if the Department finds that a contractor or owner or operator failed to pay the prevailing rate of wages to construction workers at a stationary source as required under the Act, the Department shall have the ability to recover unpaid or underpaid wages, plus a 5% monthly penalty, on behalf of and payable to the workers. Makes other changes. Removes language allowing the Department of Labor to adopt emergency rules under the amendatory Act. Amends the Illinois Income Tax Act. Contains provisions regarding the Investing in Illinois Works Tax Credit (rather than amending provisions regarding employers' returns and payments withheld). Provides an effective date of January 1, 2023 (rather than January 1, 2022).

Amends the Illinois Public Aid Code. Provides that the Department of Healthcare and Family Services may provide medical services to noncitizens 19 years of age through 64 years of age who (i) are not eligible for medical assistance under the Medical Assistance Program due to their not meeting the citizenship requirements under the Code and (ii) have income at or below 133% of the federal poverty level plus 5% for the applicable family size as determined under applicable federal law and regulations. Provides that persons eligible for medical services under the amendatory Act shall receive benefits identical to the benefits provided under the Health Benefits Service Package as defined under the Medical Assistance Article of the Code.

Amends the Code of Criminal Procedure of 1963. Provides that members of the Children of Incarcerated Parents Task Force shall be appointed by the Secretary of Human Services (rather than the Lieutenant Governor), unless otherwise indicated. Provides that the Department of Human Services (rather than the Lieutenant Governor) shall provide administrative and technical support to the Task Force and shall be responsible for administering its operations, appointing a chairperson, and ensuring that the requirements of the Task Force are met. Repeals a provision providing that an Article of the Code regarding the Task Force is repealed on January 1, 2022. Effective immediately.

Amends the Illinois Public Aid Code. Requires the Department of Human Services to provide monthly supplemental payments of $279 to persons who receive federal Supplemental Security Income grants and to undocumented residents who have a disability and meet other criteria. Provides that the supplemental payments shall not be considered income for purposes of determining eligibility or the amount of assistance for any public aid benefit under State or federal law including, subject to federal approval, benefits provided under the Supplemental Nutrition Assistance Program or any housing voucher or rental subsidy provided under the Rental Housing Support Program Act or a similar locally funded rent subsidy program, or under the Housing Choice Voucher Program under Section 8 of the U.S. Housing Act of 1937. Provides that the funding for the payments shall come from amounts collected under a specified provision of the Illinois Estate and Generation-Skipping Transfer Tax Act and deposited into the Illinois Supplemental Payments for Supplemental Security Income Recipients Fund, a special fund created in the State treasury. Amends the Illinois Estate and Generation-Skipping Transfer Tax Act. Imposes an additional estate tax and generation-skipping transfer tax on taxable transferred property valued at $4,000,000 or more. Provides that the additional tax shall be in an amount equal to 5% of the value of the transferred property. Requires the proceeds of the tax to be deposited into the Illinois Supplemental Payments for Supplemental Security Income Recipients Fund. Amends the State Finance Act to include the new special fund. Effective immediately.

Amends the Right to Privacy in the Workplace Act. Provides that an employer may not refuse to hire an individual or discipline an employee because results of an individual's drug test indicate the presence of THC on the part of that individual. Permits an employer to enforce a pre-employment drug testing policy, zero-tolerance drug testing policy, random drug testing policy, or a drug-free workplace policy or disciplining an employee for violating such policy, but provides than an employer may not take adverse action against an employee solely because of a positive drug test for cannabis unless the test result exceeds limits set forth in certain DUI provisions of the Illinois Vehicle Code. Sets forth conditions under which an employer may discipline an employee for impairment. Provides that there is not a cause of action for any person against an employer for disciplining or terminating the employment of an individual when enforcing a compliant policy. Effective immediately. House Committee Amendment No. 2 Adds reference to: 410 ILCS 705/10-50 rep. Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: Amends the Cannabis Regulation and Tax Act. Repeals provisions concerning employment and employer liability. Amends the Right to Privacy in the Workplace Act. Defines terms. Provides that discharge for the presence of tetrahydrocannabinol is permissible if the employee works in a safety sensitive position, if the employee demonstrates impairment, or if the test results for tetrahydrocannabinol exceeds the limits under specified provisions of the Illinois Vehicle Code. Replaces references to "cannabis" with "tetrahydrocannabinol" and "premises" with "workplace". Provides that nothing in the Act prohibits an employer from enforcing a pre-employment drug testing policy, random drug testing policy, or a drug-free workplace policy or from disciplining an employee or withdrawing a job offer to an applicant for violating such policy if the policy is applied to employees working in safety sensitive positions. Removes the effective date. Makes other changes. House Floor Amendment No. 3 Deletes reference to: 410 ILCS 705/10-50 rep. Adds reference to: 410 ILCS 705/10-50 Further amends the Cannabis Regulation and Tax Act. Provides that nothing in the Act shall be construed to create or imply a cause of action under the Act for any person against an employer for actions taken pursuant to an employer's workplace drug policy that complies with the Right to Privacy in the Workplace Act. Removes specified provisions concerning employment and employer liability. Removes the repeal provision. Amends the Right to Privacy in the Workplace Act. Provides that nothing in the Act prohibits an employer from disciplining or discharging an employee whose use of a lawful product adversely affects or impairs the employee's job performance, conduct, or ability to safely perform the assigned job duties in the employer's workplace during working hours or hours the individual is on call or implementing and enforcing workplace policies regarding the possession, use, or impairment of lawful products in the employer's workplace during working hours or hours the individual is on call. Provides that specified provisions do not apply to any employer (rather than any employer that is a non-profit organization) that, as one of its primary purposes or objectives, discourages the use of one or more lawful products by the general public. Provides that the definition of "safety sensitive position" includes a position working for a law enforcement agency in a capacity that impacts the safety of others. Provides that the definition of "critical services and infrastructure" means physical and cyber systems and assets that are so vital to the public (rather than State) that their incapacity, compromise, or destruction (rather than incapacity or destruction) would have a debilitating impact on physical or economic security, public health, or safety. Senate Committee Amendment No. 1 Provides that the term "safety sensitive position" includes a position that requires working around heavy machinery in a manufacturing facility.