Rep. Kelly Cassidy

Amends the Unified Code of Corrections. Provides that a mandatory supervised release term shall not be imposed for a Class 4 felony. Makes conforming changes. Fiscal Note (Prisoner Review Board) HB 3659 has no fiscal impact projected to the Prisoner Review Board. House Floor Amendment No. 1 Deletes reference to: 730 ILCS 5/3-3-8 730 ILCS 5/5-8-1 Adds reference to: 730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3 Replaces everything after the enacting clause. Amends the Unified Code of Corrections. Includes time served in a county jail as part of the minimum of 60 days of the sentence that must be served before the Director of Corrections may award discretionary earned sentence credit.

Appropriates $500,000 from the General Revenue Fund to the Department of Children and Family Services, for grants to the Court Appointed Special Advocates of Cook County to advocate for the timely placement of children in permanent, safe, and stable homes. Effective July 1, 2021.

Amends the Unemployment Insurance Act. In a provision concerning the recoupment of any overpayment made to an individual who is found to have been ineligible for benefits, provides that the individual must be provided written notice of his or her appeal rights including the ability to request waiver of any recovery. Provides that if the Department of Employment Security has previously recouped or recovered overpayment funds from an individual and that individual is granted waiver with respect to those funds, then the individual shall be refunded those funds.

Amends the Illinois Estate and Generation-Skipping Transfer Tax Act. Provides that the exclusion amount is $2,000,000 for persons dying on or after January 1, 2022 (currently, $4,000,000). Effective immediately.

Amends the Property Tax Code. Provides that the chief county assessment officer in a county of more than 3,000,000 residents, and in any other county where the county board has authorized such action by ordinance or resolution, may automatically renew the homestead exemption for persons with disabilities without application for any person who applied for the exemption and presented a Disability Identification Card stating that the claimant is under a Class 2 disability.

Congratulates Terry Cosgrove on his retirement from serving as the president and CEO of Personal PAC. Further commends him for his years of dedicated service.

Amends the Abandoned Newborn Infant Protection Act. Provides that there is a presumption that by relinquishing a newborn infant under the Act, the infant's parent waives notice of any legal proceeding to terminate his or her parental rights. Requires a hospital to complete and submit, on behalf of a relinquished newborn infant, an application for medical assistance benefits provided under the Illinois Public Aid Code and to provide all available medical information and records regarding the infant to the Department of Children and Family Services and to the child welfare agency (rather than child-placing agency) that has accepted the referral of the infant. Provides that first responders dispatched in response to a 9-1-1 call to accept a relinquished newborn infant must accept the relinquished newborn infant in accordance with the Act. Contains provisions on when and to whom a fire station or emergency medical facility must disclose the name and location of the hospital to which a relinquished infant was transported. Provides that, if possible, a hospital, police station, fire station, or emergency medical facility that receives a newborn infant must offer information about the relinquishment process to the relinquishing person in writing or by referring the person to a website or other electronic resource. Contains provisions on a child welfare agency's authority to place the infant in an adoptive home, foster home, child care facility, or other appropriate facility and to make medical and health-related decisions for the infant. Contains provisions concerning notice to the infant's biological parents of legal proceedings to terminate their parental rights; the appointment of a guardian ad litem to represent the infant's interests; petitions to return the infant to the infant's parent; the alternative to relinquishment that results in the adoption of a relinquished infant under 30 (rather than 7) days of age; and other matters.

Amends the Employee Sick Leave Act. Removes language exempting from coverage under the Act an employee of an employer subject to the provisions of Title II of the federal Railway Labor Act.

Amends the Unified Code of Corrections. Provides that the Prisoner Review Board shall create a process by which an incarcerated individual may submit an application to be declared a survivor of gender-based violence. Provides that an application to be declared a survivor of gender-based violence may be filed with the Prisoner Review Board. Provides that application materials shall be maintained on the Prisoner Review Board's website and maintained in a clearly visible place within the law library and the infirmary of every correctional institution or facility operated by the Department of Corrections. Provides that within 90 days after the receipt of the application, the Prisoner Review Board shall conduct a hearing if a hearing is requested and render a decision granting or denying the application. Provides that the Prisoner Review Board shall create an enumerated list of factors for determination of the applicant's qualification as a survivor of gender-based violence. Provides that these factors shall be made publicly available. Provides that petitions to be declared a survivor of gender-based violence shall be considered by 3-member panels, and decisions shall be made by simple majority vote of the panel. Provides that applicants receiving a declaration shall be eligible for parole consideration by the Prisoner Review Board. Provides that the hearings shall be conducted in accordance with the Open Parole Hearings Act.

Amends the Illinois Income Tax Act. Provides that all the corporations, wherever incorporated or domiciled, that are members of a unitary business shall file a combined return as a combined group. Makes changes to the definition of "unitary business". Contains provisions concerning a water's edge election. Provides that, with respect to unitary business groups, "United States" means the 50 states of the United States, the District of Columbia, and United States' territories and possessions. Fiscal Note (Dept. of Revenue) The revenue impact of this bill is unknown. Several issues need to be addressed before determining if and how this bill might impact State revenues. As an example, in a provision relating to a water's-edge election, the bill provides that a taxpayer's "entire income" must be considered. The bill does not define "entire income" nor is this a relevant term in the Illinois Income Tax Act. Aside from this and similar type issues needing addressed, there are other challenges to determining a fiscal impact. For example, where there might be a revenue impact, there is no way to compute an estimate since the provision brings income into the apportionable base from companies that previously have not had to file with the Department. There is no way for the Department to know anything about those companies, their income, or their apportionment factors. In fact, the Department cannot definitively say whether the overall revenue impact of this bill, as written, is positive, negative, or neutral.