Rep. Kelly Cassidy

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.

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 Public Aid Code. In provisions concerning the Temporary Assistance for Needy Families program, provides that the child support collected on behalf of a family shall be passed through to the family and disregarded in determining the amount of the assistance grant provided to the family under the program (rather than the first $100 of child support collected on behalf of a family in a month for one child and the first $200 of child support collected on behalf of a family in a month for 2 or more children shall be passed through to the family and disregarded in determining the amount of the assistance grant provided to the family under the program). Provides that beginning October 1, 2022 (rather than October 1, 2018) the Department of Human Services shall increase TANF grant amounts in effect on September 30, 2022 (rather than September 30, 2018) to at least 50% (rather than 30%) of the most recent United States Department of Health and Human Services Federal Poverty Guidelines for each family size. Provides that beginning October 1, 2023 (rather than October 1, 2019), and each October 1 thereafter, the maximum benefit levels shall be annually adjusted to remain equal to at least 50% (rather than 30%) of the most recent poverty guidelines updated periodically in the Federal Register by the U.S. Department of Health and Human Services for each family size. Effective October 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 Illinois Income Tax Act. Provides that the earned income tax credit shall be: (i) 20% of the federal tax credit for each taxable year beginning on or after January 1, 2023 and prior to January 1, 2024; (ii) 22% of the federal tax credit for each taxable year beginning on or after January 1, 2024 and prior to January 1, 2025; and (iii) 25% of the federal tax credit for each taxable year beginning on or after January 1 2025. Provides that the earned income tax credit is available to persons who have attained the age of 18 but have not yet attained the age of 25 and to persons who are 65 years of age or older, without regard to any age requirements that would otherwise apply to individuals without a qualifying child under federal Internal Revenue Code. Extends the earned income tax credit to individuals filing a return using an individual taxpayer identification number. Creates a child dependent tax credit that shall be not less than $600 when combined with the taxpayer's earned income tax credit. Effective immediately.

Amends the Illinois Act on the Aging. Provides that rates for homemaker services shall be increased to $26.52 beginning July 1, 2022 to sustain a minimum wage of $16 per hour for direct service workers. Provides that rates in subsequent State fiscal years shall be no lower than the rates in effect on July 1, 2022. 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, 2022.

Amends the Courses of Study Article of the School Code. With respect to safety education instruction for students enrolled in prekindergarten through grade 6, adds education in water safety that incorporates the water safety instructional materials and resources developed by the American Red Cross and the Great Lakes Surf Rescue Project. Effective immediately.

Amends the State Finance Act. Provides that the State shall not expend or invest any public funds in any organization, nonprofit organization, religious organization, or any other entity that performs conversion therapy. Provides that any public funds owed by the State to an organization performing conversion therapy shall be withheld from such organization, and any contract between the State and that organization shall be void.

Amends the Illinois Insurance Code. In provisions concerning a contract between public adjuster and insured, provides that: a public adjuster shall ensure that the contract contains the email address of the public adjuster; a public adjuster may also provide an exact copy of the contract to the insurer's authorized representative for receiving notice of loss or damage in specified circumstances; a public adjuster may provide emergency services before a written contract with the insured has been executed; a public adjuster shall not provide services until a written contract with the insured has been executed and an exact copy of the contract has been provided to the insurer; at the option of an insured, any contract between a public adjuster and the insured shall be voidable for 5 business days after the copy of the contract has been received by the insurer, except as provided in the Fire Damage Representation Agreement Act; the insured may void the contract by notifying the public adjuster in writing by sending an email to the email address shown on the contract. been received by the insurer, except as provided in the Fire Damage Representation Agreement Act. Defines "adjusting insurance claims" and "compensation". Changes a definition of "public adjuster". Removes a definition of "adjusting a claim for loss or damage covered by an insurance contract". Repeals the Public Insurance Adjusters and Registered Firms Article of the Illinois Insurance Code. Effective immediately. Senate Floor Amendment No. 3 Deletes reference to: 215 ILCS 5/1510 215 ILCS 5/1575 215 ILCS 5/Art. XXXI.75 rep. Adds reference to: 5 ILCS 100/5-45.35 new 5 ILCS 140/7.5 20 ILCS 2605/2605-35 was 20 ILCS 2605/55a-3 20 ILCS 2605/2605-51.1 30 ILCS 500/1-10 430 ILCS 65/2 from Ch. 38, par. 83-2 430 ILCS 65/3 from Ch. 38, par. 83-3 430 ILCS 65/4 from Ch. 38, par. 83-4 430 ILCS 65/4.1 new 430 ILCS 65/8 from Ch. 38, par. 83-8 430 ILCS 67/40 430 ILCS 67/45 430 ILCS 67/55 720 ILCS 5/24-1 from Ch. 38, par. 24-1 720 ILCS 5/24-1.9 new 720 ILCS 5/24-1.10 new Replaces everything after the enacting clause. Amends the Illinois State Police Law of the Civil Administrative Code of Illinois. Provides that the Division of Criminal Investigation of the Illinois State Police shall conduct other investigations as provided by law, including, but not limited to, investigations of human trafficking, illegal drug trafficking, and illegal firearms trafficking. Provides that the Division of Criminal Investigation shall provide statewide coordination and strategy pertaining to firearm-related intelligence, firearms trafficking interdiction, and investigations. Amends the Firearm Owners Identification Card Act. Provides that a petitioner may request a plenary firearms restraining order of up to one-year, but not less than 6 months (rather than 6 months). Provides that the order may be renewed for an additional period of up to one year. Amends the Criminal Code of 2012. Provides that beginning January 1, 2024, it is unlawful for any person within the State to knowingly possess an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge, with exemptions, and provides penalties. Provides that it is unlawful for any person within the State to knowingly manufacture, deliver, sell, purchase, or cause to be manufactured, delivered, sold, or purchased a large capacity ammunition feeding device, with specified exemptions, and provides penalties. Contains a severability provision. Amends the Freedom of Information Act. Exempts from disclosure under the Act certain information concerning endorsements received by the Illinois State Police. Effective immediately. Senate Floor Amendment No. 4 Makes a technical change to a cross-reference in the bill. Senate Floor Amendment No. 5 Makes a technical change to a cross-reference in the bill.

Amends the Criminal Code of 2012. Makes it unlawful to deliver, sell, or purchase or cause to be delivered, sold, or purchased or cause to be possessed by another, an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge. Makes it unlawful for any person to knowingly possess an assault weapon, .50 caliber rifle, or .50 caliber cartridge 300 days after the effective date of the amendatory Act, except possession of weapons registered with the Illinois State Police in the time provided. Provides exemptions and penalties. Prohibits delivery, sale, purchase or possession of large capacity ammunition feeding devices. Provides exemptions and penalties.