Rep. Lindsey LaPointe

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.

Creates the Domestic Violence Fatality Review Act. Defines terms. Establishes findings and purposes of the Act. Creates the Illinois Domestic Violence Fatality Review Commission, and provides for: membership; terms and vacancies of members; quorum; meetings; compensation; duties; and responsibilities. Allows a regional domestic violence fatality review team to be established within the boundaries of each judicial circuit, and provides for: membership; terms and vacancies of members; quorum; meetings; compensation; duties; and responsibilities. Adds provisions governing: cases eligible for review; confidentiality of regional review teams, information, and domestic violence fatality reviews; access to records and information; storage and destruction of confidential information; penalties for unlawful disclosure of confidential information; and immunity. Makes conforming changes in the Open Meetings Act and the Freedom of Information Act. Effective immediately. House Floor Amendment No. 1 Corrects a typographical error. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Creates the Domestic Violence Fatality Review Act. Defines terms. Establishes findings and purposes of the Act. Creates the Ad Hoc Statewide Domestic Violence Fatality Review Committee of the Illinois Criminal Justice Information Authority Board, and provides for: membership; terms and vacancies of members; quorum; meetings; compensation; duties; and responsibilities. Allows a regional domestic violence fatality review team to be established within the boundaries of each judicial circuit, and provides for: membership; terms of members; vacancies; quorum; meetings; compensation; duties; and responsibilities. Adds provisions governing: cases eligible for review; confidentiality of regional review teams, information, and domestic violence fatality reviews; access to records and information; storage and destruction of confidential information; penalties for unlawful disclosure of confidential information; and immunity. Makes conforming changes in the Open Meetings Act and the Freedom of Information Act. Effective immediately.

Amends the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, or Stalking Act. Changes the name of the Act to the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Human Trafficking, or Stalking Act. Makes the Act's requirements applicable to victims of human trafficking. Deletes language providing that: a program participant who is otherwise qualified to vote may apply to vote under the Election Code; the program participant shall automatically receive absentee ballots for all elections in the jurisdictions for which that individual resides; and the election authority shall transmit the absentee ballot to the program participant at the address designated by the participant in his or her application. Provides instead that a program participant who is otherwise qualified to vote may register to vote by submitting an Illinois Address Confidentiality Program Voter Registration Application created by the State Board of Elections to the appropriate election authority. Provides that the State Board of Elections (rather than the Attorney General) shall adopt rules to ensure the integrity of the voting process and the confidentiality of the program participant. In a provision regarding when disclosure of an address is prohibited, removes the exception requirement that a certification has been canceled. Exempts a program participant's address and phone number on file with the Attorney General from being disclosed under the Freedom of Information Act. Makes corresponding changes in the Freedom of Information Act and the Election Code.

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 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 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 Election Code. Provides the procedure for filling a vacancy of a Senator or Representative in the General Assembly. Provides that within 3 days after a vacancy, the committee for that legislative or representative district shall create a uniform application for candidates seeking appointment and determine the date, time, and location at which the committee shall make the appointment (allowing for at least 7 days of public notice). Provides that applications received within 2 days before the appointment shall be made publicly available. Provides that candidates shall be granted an opportunity to present their credentials publicly and take questions from the committeepersons. Provides that a State Senator or Representative who is also a committeeperson is prohibited from participating in the appointment of his or her successor. Provides for a proxy for a committeeperson who is ineligible to vote for an appointment. Effective immediately.

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 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 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.