Rep. Kelly Cassidy

Creates the Securing All Futures for Equitable Reinvestment in Communities Act. Provides legislative intent. Creates the Securing All Futures for Equitable Reinvestment Tax Credit Pilot Program Act. Provides that an applicant that hires certain formerly incarcerated individuals during the incentive period may apply for a tax credit against the applicant's withholding tax liability. Provides that the savings from the changes made to the Unified Code of Corrections shall be deposited into the Securing All Futures for Equitable Reinvestment (SAFER) Communities Fund for the purpose of funding the program. Amends the Unified Code of Corrections to reduce the sentencing ranges for all classes of felonies, and to remove minimum sentences for Class 4 felonies and Class A and Class B misdemeanors. Provides that the provisions of the Act apply to offenses committed before the effective date of this Act, and to offenses committed on or after the effective date of this amendatory Act. Provides for resentencing of currently incarcerated persons based on these changes. Effective immediately. Fiscal Note (Dept. of Revenue) Although the bill limits the credit to $1.5 billion over its 6-year life, the Department is unable to provide a fiscal impact estimate for House Bill 3215 because the legislation, as introduced, contains multiple drafting ambiguities, errors, and incomplete definitions. For example, the bill defines "participant" to mean, in part, a full-time employee who was formerly incarcerated between January 1, 2009 and December 31, 2019. The bill, however, provides later that the credit is limited to 10,000 participants "newly released" from prison and 10,000 participants that were released between January 1, 2009 and December 31, 2019. Additionally, the bill provides the credit amount awarded is to be between $10,000 and $15,000 each year per participant hired. The bill further provides a list of criteria to be considered in determining the amount of the credit, but no guidance is provided as to how that list of criteria computes to a given credit amount. These problems, among others in the bill as introduced, prevent the Department from making adequately precise determinations of who qualifies for the credit and of how to calculate the credit.

Amends the Criminal Identification Act. Provides that a petitioner may petition the circuit court to expunge the records of his or her arrests and charges not initiated by arrest when each arrest or charge not initiated by arrest sought to be expunged resulted in: (1) an order of misdemeanor diversion under the Unified Code of Corrections, and the diversion program was successfully completed by the petitioner; or (2) a conviction for possession of certain specified amounts of a controlled substance; (3) a conviction for possessing less than 5 grams of methamphetamine; or (4) a conviction where the statutory penalty changed as a result of a resentencing hearing under the Code of Criminal Procedure of 1963. Amends the Illinois Controlled Substances Act. Changes the penalties for the manufacture, delivery, or possession with intent to manufacture or deliver, or possession of a controlled substance. Amends the Methamphetamine Control and Community Protection Act. Changes the penalties for methamphetamine delivery or possession. Amends the Code of Criminal Procedure of 1963. Provides that a person serving a sentence, including a sentence of probation, for an offense for which the statutory penalty has been subsequently reduced under the amendatory Act to petition the trial court that entered the judgment of conviction to request resentencing in accordance with the statutory penalty in effect at the time of the filing of the petition. Amends the Unified Code of Corrections to create a Misdemeanor Diversion Program. Fiscal Note (Admin Office of the Illinois Courts) HB3447 amends the Criminal Identification Act regarding expungements. Based on a review of the bill, it has been determined that the proposed legislation would have no fiscal impact on the state appropriation to the judicial branch. It is not possible to determine what fiscal impact, if any, the bill would have on local judicial budgets.

Amends the Condominium Property Act. Provides that to sell a condominium property, there shall be the following percentage of affirmative votes of the unit owners: 75% for a property with 4 to 6 units (rather than 4 or more units); or 85% for a property with 7 or more units. Provides that an association that has agreed to sell the property shall inform the unit owners that the association may choose outside counsel to represent its interests during the sale process. Provides that it is a violation for a person, partnership, corporation, or other legal entity entitled to transact business on behalf of others, acting on behalf of one seeking to communicate with a unit owner for the purpose of purchasing his or her property once the unit owner has affirmatively requested that such a communication not be made. Provides that the bylaws shall provide that unless a lesser percentage of ownership is provided for in the bylaws, no person, heir assign, family member, affiliate, partnership, corporation, or other legal entity entitled to transact business on behalf of others may own more than 10% of the units for a property containing 30 or more units, more than 15% of the units for a property containing 20 to 29 units, more than 20% for a property containing 5 to 19 units, and no more than a single unit for a property containing fewer than 5 units. Provides that it is a power and duty of the board of managers to: reject any arrangement that establishes an agreement for a buyer to purchase a property; and refrain from investigating an offer to purchase a property without first receiving authorization from the association through an affirmative vote of not less than 75% of unit owners based on the percentage of ownership. Provides that every officer and member of the board who violates, participates in, or permits any of the officers, agents, or assigns of the board to breach his or her fiduciary duty shall be held liable in his or her personal or individual capacity. Provides that the board of managers shall keep and maintain: all statements from licensed independent contractors validating the need and the cost for any expenditures for repair, replacement, or restoration of the common elements; and the communications of any member of the board of managers regarding an attempt to sell the condominium property. Makes other changes. Makes a corresponding change in the Common Interest Community Association Act.

Amends the Election Code. Allows the State Board of Elections to receive voter registration information provided by applicants using electronic voter registration portals (rather than the Board's website). Provides that, notwithstanding any other provision of law, a person who is otherwise qualified to vote may preregister to vote on or after that person's 16th birthday, with the registration held in abeyance by the appropriate election authority until that individual attains the required age to vote. Requires preregistration to be completed using the online voter registration system or an electronic voter registration portal. Provides that, for the purposes of the Code, an individual who is 16 years of age or older (rather than who is 17 years of age and who will be 18 years of age on the date of the general or consolidated election) shall be deemed competent to execute and attest to any voter registration forms.

Amends the Departments of State Government Law of the Civil Administrative Code of Illinois. Provides that it shall be the duty of the State Board of Health, among other duties, to deliver to the Governor for presentation to the General Assembly a State Health Assessment and a State Health Improvement Plan (currently, only a State Health Improvement Plan required). Provides further requirements concerning the State Health Assessment and the State Health Improvement Plan. Effective immediately.

Amends the Wrongful Death Act. Allows for the recovery of punitive damages in a wrongful death action.

Amends the Criminal Code of 2012. Provides that the provision of the Code that makes it an offense for a person who possesses or acquires a firearm and thereafter loses the firearm, or if the firearm is stolen from the person, to fail to report the loss or theft to the local law enforcement agency within 72 hours after obtaining knowledge of the loss or theft is a Class 4 felony for a third offense (rather than a Class A misdemeanor) and a Class 3 felony for a fourth or subsequent offense. Effective immediately.

Amends the Illinois Housing Development Act. Provides that no later than July 1, 2022, the Illinois Housing Development Authority shall establish and administer the Rehab Program to help reclaim vacant and abandoned properties in communities of concentrated poverty. Provides that the purposes of the Rehab Program are: to encourage private sector investment in acquiring, rehabbing, and placing on the market, vacant and abandoned properties located in communities of concentrated poverty; to provide low-income families with more affordable housing options in modern, safe buildings while redressing historic discrimination against African Americans in housing; and other stated purposes. Provides that within 45 days of the satisfactory completion of a qualified project, the Authority shall pay to the qualified developer responsible for the project a Rehab Program incentive fee. Provides that after the initial pilot of the Rehab Program ends, and continuing thereafter, the Authority may authorize qualified projects in any calendar year in an amount not to exceed either $50,000,000 for the year in question, or, if the Authority is then utilizing bond proceeds to pay Rehab Program incentive fees as permitted under the amendatory Act, more than $250,000,000 in aggregate bond indebtedness then outstanding for all such bonds. Provides that the Authority may from time to time adopt rules requiring qualified developers to hire a certain percentage of workers for the qualified project in question from the community in which the qualified project is located. Provides that initially the Rehab Program shall be piloted out in 10 communities identified by the Authority that span the State, to ensure the program generates economic benefits equitably across Illinois. Permits the Authority to issue bonds and notes for the payment of Rehab Program incentive fees to qualified developers. Effective immediately. Fiscal Note (Housing Development Authority) Fiscal impact could be-offset with administration funding that is not currently contemplated in HB4784. House Floor Amendment No. 1 Deletes reference to: 20 ILCS 3805/14 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: Provides that commencing State Fiscal Year 2023 (rather than no later than July 1, 2022), the Illinois Housing Development Authority shall establish and administer the Rehab Program to help reclaim vacant and abandoned properties in communities of concentrated poverty. Removes from the definition of "community of concentrated poverty" a community that is designated as or qualifies as a blighted or slum area under any federal, State, or local governmental authority or agency law, rule, regulation, or ordinance. Expands the definition of "project costs" to provide that the Authority shall issue regulations from time-to-time identifying what may be included within the rubric of reasonable costs for purposes of the amendatory Act, as well as the form and content of expense reporting a qualified developer must utilize. Makes a change to the definition of "qualified developer". In a provision concerning the administration of the Rehab Program, provides that within 45 days of the satisfactory completion of a qualified project, the Authority shall pay to the qualified developer responsible for such project a Rehab Program incentive fee in a dollar amount that is equal to: (i) the difference between the approved project costs for the qualified project in question and the fair market value of such completed qualified project; plus (ii) an amount equal to 5% of such approved project costs (rather than 5% of such fair market value). Removes a provision permitting the Authority to authorize qualified projects in any given calendar year in an amount not to exceed more than $250,000,000 in aggregate bond indebtedness then outstanding for all such bonds. Provides that the amount of Rehab Program incentive fees the Authority may issue during the pilot period shall be $30,000,000 (rather than $20,000,000). Removes a provision requiring the Authority to fund such incentive fees by issuing bonds if there are inadequate appropriations to cover the full fee amount during the pilot period. Instead provides that, to the extent authorized by the General Assembly and the Governor, the $30,000,000 appropriation for the pilot program shall be funded with proceeds the State receives under the federal American Rescue Plan Act of 2021. Removes a provision permitting the Authority to issue bonds for the payment of Rehab Program incentive fees to qualified developers. Effective immediately.

Repeals the Parental Notice of Abortion Act of 1995. Makes corresponding changes in the Counties Code, the Medical Practice Act of 1987, and the Consent by Minors to Health Care Services Act. Effective immediately.

Amends the Election Code. Makes a technical change in a Section concerning the short title.