Rep. Ann Williams

Amends the Chicago School District Article of the School Code. With regard to local school council members, provides that the school district shall perform a check of the Dru Sjodin National Sex Offender Public Website, the Statewide Sex Offender Database, and the Statewide Murderer and Violent Offender Against Youth Database upon the election or appointment of a local school council member. Provides that if the general superintendent determines at any time that a local school council member or member-elect appears on the Dru Sjodin National Sex Offender Public Website or the Statewide Sex Offender Database or Statewide Murderer and Violent Offender Against Youth Database, the general superintendent must notify the local school council member or member-elect of such determination and the local school council member or member-elect must be removed from the local school council by the board of education. Provides that a local school council member must comply with all applicable board rules and policies regarding employees or volunteers. Removes provisions regarding ineligibility for election or appointment of a local school council member based upon certain criminal convictions.

Amends the Criminal Code of 2012. Makes a technical change in a Section concerning conspiracy. House Floor Amendment No. 2 Deletes reference to: 720 ILCS 5/8-2 from Ch. 38, par. 7-1 Adds reference to: 20 ILCS 3930/7.10 new 20 ILCS 4005/1 from Ch. 95 1/2, par. 1301 20 ILCS 4005/2 from Ch. 95 1/2, par. 1302 20 ILCS 4005/3 from Ch. 95 1/2, par. 1303 20 ILCS 4005/4 from Ch. 95 1/2, par. 1304 20 ILCS 4005/7 from Ch. 95 1/2, par. 1307 20 ILCS 4005/8 from Ch. 95 1/2, par. 1308 20 ILCS 4005/8.5 20 ILCS 4005/12 rep. 30 ILCS 105/5 from Ch. 127, par. 141 30 ILCS 105/5.295 from Ch. 127, par. 141.295 30 ILCS 105/6z-125 30 ILCS 105/6z-126 625 ILCS 5/4-109 720 ILCS 5/12C-36 new 740 ILCS 45/2 from Ch. 70, par. 72 Replaces everything after the enacting clause. Amends the Illinois Criminal Justice Information Act. Provides that subject to appropriation, the Illinois Criminal Justice Information Authority shall establish a program by which grants are administered for the purpose of preventing predatory vehicular hijacking. Provides that the Authority shall determine eligible recipients for the grants. Provides that grants shall be made of money appropriated from the General Revenue Fund to eligible recipients to provide street-level intervention services for at-risk youth in danger of being recruited for the purpose of predatory vehicular hijacking. Provides that the Authority shall adopt rules to determine eligibility standards for grants. Amends the Illinois Motor Vehicle Theft Prevention and Insurance Verification Act. Changes the short title of the Act to the Illinois Vehicle Hijacking and Motor Vehicle Theft Prevention and Insurance Verification Act. Specifies that it is the purpose of the Act to, among other things, reduce vehicle hijacking, to improve and support vehicle hijacking law enforcement, and to support the prosecution and administration of vehicle hijacking laws. Changes the name of the Illinois Motor Vehicle Theft Prevention and Insurance Verification Council to the Illinois Vehicle Hijacking and Motor Vehicle Theft Prevention and Insurance Verification Council. Provides that the Council is responsible for providing grants and financial support to assist in the identification, apprehension, and prosecution of hijackers, and the recovery of hijacked and stolen motor vehicles. Authorizes the Council to assess the scope of the vehicle hijacking problem. Provides that the Council is responsible for developing and sponsoring the implementation of plans and strategies for combating vehicle hijacking, and to improve the administration of vehicle hijacking laws. Changes the name of the Motor Vehicle Theft prevention and Insurance Verification Trust Fund to the Vehicle Hijacking and Motor Vehicle Theft Prevention and Insurance Verification Trust Fund. Provides that money in the Trust Fund may be used to provide financial support for law enforcement, prosecutors, and the judiciary for programs designed to reduce vehicle hijacking. Renames the State Police Motor Vehicle Theft Prevention Trust Fund to the Vehicle Hijacking and Motor Vehicle Theft Prevention Trust Fund. Repeals a provision that repeals specific Sections of the Act on January 1, 2025. Makes corresponding changes in various Acts. Amends the Criminal Code of 2012. Creates the offense of predatory vehicular hijacking, a Class 1 felony. Repeals the offense on January 1, 2026. Amends the Crime Victims Compensation Act. Provides that "pecuniary loss" includes expenses incurred for the towing a victim's vehicle in connection with a crime of violence. House Floor Amendment No. 4 Adds reference to: 740 ILCS 45/7.1 from Ch. 70, par. 77.1 740 ILCS 45/10.1 from Ch. 70, par. 80.1 Further amends the Crime Victims Compensation Act. Limits the amount of towing fees that may be reimbursed to a maximum of $1,000. Provides that an application for compensation shall set out the amount of benefits, payments, or awards, if any, payable under vehicle or towing insurance. Provides that, in order to be reimbursed, the applicant must show that he or she has exhausted the benefits reasonably available under full vehicle coverage insurance (including towing insurance, if available).

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 Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Provides that the Department of Public Health, subject to appropriation or other available funding, shall conduct a program to promote awareness of firearms restraining orders to the general public. Provides that beginning July 1, 2022, the program must include the development and dissemination, through print, digital, and broadcast media, of public service announcements that publicize the options victims of domestic violence have to seek help with special emphasis on the firearms restraining order. Amends the Illinois Police Training Act. Provides that the Illinois Law Enforcement Training Standards Board shall develop and approve a standard curriculum for a training program on the Firearms Restraining Order Act. Provides that the Board shall conduct a training program that trains officers on the use of firearms restraining orders, how to identify situations in which a firearms restraining order is appropriate, and how to safely promote the usage of the firearms restraining order in a domestic violence situation. Officers who have successfully completed this program shall be issued a certificate attesting to their attendance. Amends the Firearms Restraining Order Act. Provides that a firearms restraining order includes the seizure of the respondent's ammunition. Provides that "family member of the respondent" includes a former spouse and a person with whom the respondent has or allegedly has a child in common. Provides that a petition for a firearms restraining order may be filed in any county where an incident occurred that involved the respondent posing an immediate and present danger of causing personal injury to the respondent or another by having in his or her custody or control, or purchasing, possessing, or receiving, a firearm or ammunition. Includes printing a petition for a firearms restraining order for which no fees may be charged by the circuit clerk. Provides that the Illinois State Police shall submit a yearly report to the General Assembly concerning the applications and issuance of firearms restraining orders.

Amends the Telehealth Act. Provides that the Act applies to all health insurance coverage offered by health insurance issuers regulated by the Department of Insurance or the Department of Healthcare and Family Services and the medical assistance program authorized under the Illinois Public Aid Code. Provides that any policy, contract, or certificate of health insurance coverage that does not distinguish between in-network and out-of-network providers shall be subject to the Act as though all providers were in-network. Provides that health insurance issuers shall cover all telehealth services rendered by a health care professional to deliver any clinically appropriate, medically necessary covered services. Restricts health insurance issuers from engaging in specified activities. Provides that health care professionals and facilities shall determine the appropriateness of specific sites, technology platforms, and technology vendors for a telehealth service, as long as delivered services adhere to privacy laws. Changes the term "telehealth" to "telehealth services". Makes corresponding changes. Defines terms. Amends the Illinois Insurance Code. In provisions concerning coverage for telehealth services, makes changes to definitions. Provides that coverage and reimbursement for telehealth services delivered by health care professionals and facilities shall comply with the Telehealth Act. Makes other changes. Amends the Illinois Public Aid Code. Provides that the Department and managed care organizations shall comply with the Telehealth Act and removes provisions concerning behavioral health and medical services via telehealth. Makes other changes. Amends the Illinois Administrative Procedure Act to provide for emergency rulemaking. Effective immediately. House Floor Amendment No. 1 Deletes reference to: 5 ILCS 100/5-45.10 new 225 ILCS 150/20 new 225 ILCS 150/25 new 225 ILCS 150/30 new 225 ILCS 150/35 new Replaces everything after the enacting clause. Amends the Illinois Insurance Code. Provides that an individual or group policy of accident or health insurance or a managed care plan that is amended, delivered, issued, or renewed on or after the effective date of the amendatory Act shall cover all telehealth services rendered by a health care professional to deliver any clinically appropriate, medically necessary covered services, and shall not engage in specified activities. Provides that any policy, contract, or certificate of health insurance coverage that does not distinguish between in-network and out-of-network providers shall be subject to the Act as though all providers were in-network. Provides that health care professionals and facilities shall determine the appropriateness of specific sites, technology platforms, and technology vendors for a telehealth service, as long as delivered services adhere to privacy laws. Provides that there shall be no restrictions on originating site requirements for telehealth coverage or reimbursement to the distant site. Defines terms. Amends the Telehealth Act. Changes the term "telehealth" to "telehealth services". Amends the Illinois Public Aid Code. Provides that the Department of Healthcare and Family Services and managed care organizations shall comply with specified provisions of the Illinois Insurance Code and removes provisions concerning behavioral health and medical services via telehealth. Amends the Illinois Administrative Procedure Act to provide for emergency rulemaking. In provisions concerning coverage for telehealth services, removes language that provides that coverage and reimbursement for telehealth services delivered by health care professionals and facilities shall comply with the Telehealth Act. Removes changes to the Telehealth Act. Makes other changes. Effective immediately. House Floor Amendment No. 2 In provisions in the Illinois Administrative Procedure Act concerning emergency rulemaking, provides that provisions allowing the Department of Insurance and the Department of Healthcare and Family Services to adopt emergency rules are repealed on January 1, 2022 (rather than January 1, 2026). In provisions concerning coverage for telehealth services, provides that an individual or group policy of accident or health insurance or a managed care plan that is amended, delivered, issued, or renewed on or after the effective date of the amendatory Act shall not require that in-person contact occur between a health care professional and a patient (rather than in-person contact shall not occur between a health care professional and a patient, except before an initial e-visit or virtual check-in in order to establish a patient relationship).

Amends the Unemployment Insurance Act to provide that if an individual's benefit year begins on or after March 8, 2020, but before the week following the last week of a disaster period established by the gubernatorial disaster proclamations in response to COVID-19, recovery by suit in the name of the People of the State of Illinois or recoupment from benefits payable to an individual for any week shall be permanently waived if the sum was received by the individual without fault on his or her part. Provides that, in cases of such permanent waiver of recovery or recoupment, the Director of Employment Security may not request the Comptroller or the Secretary of the Treasury to withhold a sum of benefits for which an individual is found to be ineligible. Effective immediately. Fiscal Note (Dept. of Employment Security) The legislation may have a fiscal impact on the Illinois Unemployment Insurance Trust Fund. The reported data indicates that for the programs payable under Illinois state law: (1) Fiscal Year 2019, non-fraudulent recovery totaled approximately $14,303,046.00; (2) Fiscal Year 2020, non-fraudulent recovery totaled approximately $16,552,059.00; and (3) First and Second Quarter Fiscal Year 2021, non-fraudulent recovery totaled approximately $10,147,378.00. Based on the above data, it appears the legislation could forgive $3.5 million to $5.1 million for each quarter the waiver provision remained in effect. While the system is generally designed to replenish the state’s Unemployment Trust Fund account by charging employers for benefits paid from the account, employers would not be directly charged for the forgiven overpayments as the bill is currently written.

Amends the Corporate Fiduciary Act to create the Special Purpose Trust Company Authority and Organization Article. Provides that a corporation that has been or shall be incorporated under the general corporation laws of the State for the special purpose of providing fiduciary custodial services or providing other like or related services as specified by rule may be appointed to act as a fiduciary with respect to such services and shall be designated a special purpose trust company. Provides that it shall not be lawful for any person to engage in the activity of a special purpose trust company without first filing an application for and procuring a certificate of authority from the Secretary of Financial and Professional Regulation. Provides that the Department shall adopt rules for the administration of the Article, and that specified Articles of the Corporate Fiduciary Act shall apply to a special purpose trust company as if the special purpose trust company were a trust company. Amends the Illinois Banking Act. In provisions concerning conversion and merger with trust companies, provides that a special purpose trust company may merge with a State bank or convert to a State bank as if the special purpose trust company were a trust company. Defines "special purpose trust company". Amends the Blockchain Business Development Act to provide that the Department of Financial and Professional Regulation shall have authority to adopt rules, opinions, or interpretive letters regarding the custody of digital assets, including digital consumer assets, digital securities, and virtual currency. House Floor Amendment No. 1 Provides that the Department of Financial and Professional Regulation shall have the authority to adopt rules, opinions, or interpretive letters regarding the provision of custodial services for digital assets by banks chartered under the Illinois Banking Act, savings banks chartered under the Savings Bank Act, and corporate fiduciaries authorized under the Certificate Of Authority And Organization Article or Special Purpose Trust Company Authority And Organization Article of the Corporate Fiduciary Act. Defines "digital asset". Removes language that provides that the Department of Financial and Professional Regulation shall have authority to adopt rules, opinions, or interpretive letters regarding the custody of digital assets, including digital consumer assets, digital securities, and virtual currency.

Amends the Illinois Income Tax Act. Provides that an amount equal to the sum of (i) 8% of the net revenue realized from the tax imposed upon individuals, trusts, and estates and (ii) 9.11% of the net revenue realized from the tax imposed upon corporations shall be deposited into the Local Government Distributive Fund (currently, an amount equal to the sum of (i) 6.06% of the net revenue realized from the tax imposed upon individuals, trusts, and estates and (ii) 6.85% of the net revenue realized from the tax imposed upon corporations shall be deposited into the Local Government Distributive Fund). Amends the State Revenue Sharing Act to provide that amounts paid into the Local Government Distributive Fund are appropriated on a continuing basis. Effective July 1, 2022.

Amends the Illinois Police Training Act. Provides that the Illinois Law Enforcement Training Standards Board shall establish statewide standards for minimum standards regarding regular mandatory annual mental health wellness checks (rather than regular mental health screenings) for probationary and permanent police officers, ensuring that counseling sessions and wellness checks (rather than screenings) remain confidential. Provides that the regular mandatory annual mental health wellness checks for probationary and permanent police officers shall be provided through the law enforcement agency's health insurance carrier at no cost to the law enforcement agency that employs the officers. Amends the Counties Code, Illinois Municipal Code, and Illinois Insurance Code making conforming changes.

Amends the Unified Code of Corrections. Adds as "excluded offenses" attempted first degree murder, reckless homicide, aggravated vehicular hijacking in which the defendant was armed with a firearm or other dangerous weapon, being an armed habitual criminal, and any offense that requires the defendant to register as a sex offender under the Sex Offender Registration Act. Effective immediately.