Rep. Lisa Hernandez

Creates the Family and Medical Leave Insurance Program Act. Requires the Department of Employment Security to establish and administer a Family and Medical Leave Insurance Program that provides family and medical leave insurance benefits to eligible employees. Sets forth eligibility requirements for benefits under the Act. Contains provisions concerning disqualification from benefits; premium payments; the amount and duration of benefits; the recovery of erroneous payments; hearings; defaulted premium payments; elective coverage; employment protection; coordination of family and medical leave; defined terms; and other matters. Amends the State Finance Act. Creates the Family and Medical Leave Insurance Account Fund. Provides phase-in periods for the collection of money and making of claims for benefits under the Act. Effective January 1, 2024.

Declares the week of March 12 through March 18, 2023 as Illinois Multiple Sclerosis Awareness Week. Declares March 18, 2023 as Illinois Multiple Sclerosis Awareness Day. Encourages municipalities, media organizations, and residents to participate in Illinois Multiple Sclerosis Awareness Week and Day. Recognizes those living with MS, their families, and the healthcare professionals and medical researchers who provide assistance to those affected by MS.

Amends the Illinois Secure Choice Savings Program Act. Removes all references to and the definition of "small employer". Provides that the Act applies to employers with at least one employee (rather than employers with fewer than 25 employees). Requires the Illinois Secure Choice Savings Board to (i) establish annual automatic increases to the contribution rates and (ii) verify employee eligibility for auto-enrollment in accordance with the Internal Revenue Code and applicable federal and State laws. Makes changes regarding penalties for employers who fail, without reasonable cause, to enroll an employee in the Illinois Secure Choice Savings Program (Program). Provides that, for purposes of the penalties, the Department of Revenue shall determine total employee count for employers using the annual average from employer-reported quarterly data. Provides that the Department may provide notice regarding penalties in an electronic format to be determined by the Department. Removes a provision authorizing the Department to implement the penalties 9 months after the Illinois Secure Choice Savings Board notifies the Director of Revenue that the Program has been implemented. Senate Committee Amendment No. 1 Provides that the Act applies to employers with at least 5 employees, rather than at least one employee. (Current law applies to employers with fewer than 25 employees.) Provides that a small employer is an employer that employed less than 5 employees during any quarter of the previous calendar year, rather than less than 25 employees at any one time throughout the previous calendar year. Provides enrollment deadlines. Provides that small employers may, but are not required to, establish payroll deduction arrangements for retirement savings arrangements. House Committee Amendment No. 1 Deletes reference to: 820 ILCS 80/5 820 ILCS 80/30 820 ILCS 80/60 820 ILCS 80/85 Adds reference to: 820 ILCS 115/15 from Ch. 48, par. 39m-15 Replaces everything after the enacting clause. Amends the Illinois Wage Payment and Collection Act. Makes a technical change in a Section concerning the short title. Pension Note, House Floor Amendment No. 3 (Government Forecasting & Accountability) SB 208, as amended by HA 3, will not impact any public pension fund or retirement system in the State of Illinois. State Debt Impact Note, House Floor Amendment No. 3 (Government Forecasting & Accountability) SB 0208, as amended by House Amendment 3, would not change the amount of authorization for any type of State-issued bond, and, therefore, would not affect the level of State indebtedness. Balanced Budget Note, House Floor Amendment No. 3 (Office of Management and Budget) Please be advised that the Balanced Budget Note Act does not apply to Senate Bill 208, as amended by House Amendment 3, as it is not a supplemental appropriation that increases or decreases appropriations. Under the Act, a balanced budget note must be prepared only for bills that change a general funds appropriation for the fiscal year in which the new bill is enacted. Land Conveyance Appraisal Note, House Floor Amendment No. 3 (Dept. of Transportation) No land conveyances are included in Senate Bill 208, House Amendment #3; therefore, there are no appraisals to be filed. Housing Affordability Impact Note, House Floor Amendment No. 3 (Housing Development Authority) This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence. Correctional Note, House Floor Amendment No. 3 (Dept of Corrections) Corrections Population Impact: None; Fiscal Impact: $68,984,327 over a ten-year period House Floor Amendment No. 4 Deletes reference to: 820 ILCS 115/15 Adds reference to: New Act 30 ILCS 105/5.990 new Replaces everything after the enacting clause. Creates the Paid Leave for All Workers Act. Requires employers to provide paid leave to employees for any purpose. Sets forth provisions regarding employer responsibilities, unlawful employer practices, and other matters. Provides that an employee who works in this State is entitled to earn and use a minimum of 40 hours of paid leave during a 12-month period. Makes it unlawful for an employer to interfere with, restrain, deny, change scheduled work days or hours to avoid paid leave, or discipline an employee for the exercise of any right under the Act. Authorizes the Department of Labor to administer and enforce the Act. Provides for the imposition of civil penalties. Authorizes individuals to file civil actions with respect to violations. Amends the State Finance Act. Creates the Paid Leave for All Workers Fund as a special fund in the State treasury. Effective January 1, 2024

Amends the Illinois Income Tax Act. Makes changes to the definition of “investment partnership” to provide that a dealer in qualifying investment securities may be considered an investment partnership. Allows a partnership interest to be considered a qualified security if the interest qualifies as a security within the meaning of the federal Securities Act of 1933. In provisions requiring that no less than 90% of the investment partnership's gross income shall consist of interest, dividends, and gains from the sale or exchange of qualifying investment securities, provides that that includes the distributive share of partnership income from lower-tier partnership interests and does not include income from partnerships that are operating at a federal taxable loss. Effective immediately.

Amends the New Markets Development Program Act. Provides that the Department of Commerce and Economic Opportunity shall limit the monetary amount of qualified equity investments at no more than $20,000,000 of tax credits for the primary allocation and no more than $12,000,000 of tax credits for the targeted allocation. Provides that, on or after January 1, 2024, but not more than 120 days after the Community Development Financial Institutions Fund of the United States Department of the Treasury announces allocation awards under a Notice of Funding Availability that was published in the Federal Register on November 22, 2022, $250,000,000 of qualified equity investments for the primary allocation and $150,000,000 of qualified equity investments for the targeted allocation shall be allocated by the Department. Makes other changes. Defines terms. Effective immediately.

Amends the Illinois Housing Development Act. In provisions concerning the affordable housing tax donation credit program, provides that the administrative housing agency must establish a goal of awarding a specific amount of tax credits for donations to sponsors that are minority-owned businesses, women-owned businesses, or businesses owned by persons with disabilities.

Amends the Township Code. Provides that a township or township official may not prohibit an organization from receiving township funds based upon the actual or perceived citizenship or immigration status of the person who would receive those funds from the organization. Effective immediately.

Honors and thanks State Representative Frances Ann Hurley for her years of dedicated service. Wishes her the best on her future success.

Amends the Vital Records Act. Removes language requiring that the State Registrar of Vital Records establish a new certificate of birth when he receives a declaration stating that a person has undergone treatment for the purpose of gender transition, or that the individual has an intersex condition, and that the sex designation on such person's birth record should therefore be changed. Provides that the State Registrar of Vital Records must establish a new certificate of birth when he receives a statement signed by the person in which the person attests to making the request for the purpose of affirming the person's gender identity or intersex condition and that the sex designation on the person's certificate of birth should therefore be changed. Provides that the fee for a new certificate of birth shall not be required from persons upon release from the Department of Corrections or the Department of Juvenile Justice, but the person is entitled to only one new certificate of birth fee waiver. Provides that the fee for a new certificate of birth shall be waived for specified persons. Provides that fees for a new certificate of birth and for a search of a birth record or a certified copy of a birth record shall be waived for all requests by a person who resides in a shelter for domestic violence. Requires the State Registrar of Vital Records to establish standards and procedures for the waiver of fees. Provides that a person who resides in a shelter for domestic violence must not be charged for verification. Provides that a person who knowingly or purposefully falsifies verification is subject to a penalty of $100. Provides that a person who resides in a shelter for domestic violence shall be provided no more than 4 birth records annually under the provisions. Effective January 1, 2022. House Committee Amendment No. 1 Provides that a person's signed statement to receive a new birth certificate must indicate whether the certificate of birth should be changed to a male, female, or X designation (rather than just changed). State Mandates Fiscal Note (Dept. of Commerce & Economic Opportunity) This bill does not create a State Mandate. Fiscal Note (Dept. of Public Health) HB9 would not pose any fiscal cost aside from standard staff time with the rulemaking, the cost would be negligible. Senate Floor Amendment No. 1 Provides that the amendatory Act takes effect July 1, 2023 (rather than January 1, 2022).

Amends the Uniform Racial Classification Act and the Data Governance and Organization to Support Equity and Racial Justice Act. Adds "Middle Eastern or Northern African" as a racial classification for purposes of the Acts.