Rep. Lisa Hernandez

Amends the Criminal Identification Act. Provides that records of charges that result in an acquittal or dismissal with prejudice, except for minor traffic offenses, may be immediately expunged after the final disposition of the case. Provides that upon entry of judgment, the defendant shall be informed of this right and the proper procedures to follow to have records that are eligible be immediately expunged. Provides that the petition may be filed on behalf of the defendant by his or her attorney at the final disposition hearing, or by the defendant at any time. Provides that the State's Attorney may not object to an immediate expungement petition and the presiding trial judge shall enter an order granting or denying the petition during the hearing in which the petition is filed. Makes other changes. House Floor Amendment No. 3 Provides that records concerning the offenses of criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, aggravated criminal sexual abuse, domestic battery, aggravated domestic battery, a violation of an order of protection, a violation of a civil no contact order, or a violation of a stalking no contact order are not subject to the immediate expungement provisions. Provides that arrests or charges that result in acquittals shall not be used as the basis for penalty enhancements in subsequent criminal prosecutions.

Creates the Wire Transfer Tax Act. Provides that a tax of 1% of the amount transferred is imposed on each wire transfer originating from within the State. Provides that the moneys received from the tax shall be deposited into the Illinois DREAM Fund. Amends the Higher Education Student Assistance Act to make conforming changes.

Creates the Rebuild Illinois Mental Health Workforce Act. Provides that the purpose of the Act is to preserve and expand access to Medicaid community mental health care in Illinois to prevent unnecessary hospitalizations and avoid the criminalization of mental health conditions. Establishes add-on payments for the following community mental health services to be paid beginning with State Fiscal Year 2023 and continuing for each State fiscal year thereafter: individual therapy services; community support-individual services; case management services; and assertive community treatment services. Requires monthly directed payments to community mental health providers of community support team services or assertive community treatment services. Provides that such directed payments shall be based on the number of Medicaid users, as defined, who receive services from the provider in the base year. Provides that the add-on payments established under the Act shall apply to Medicaid services provided by a contracted managed care organization or entity and services paid for directly by the Department of Healthcare and Family Services. Provides that no base Medicaid rate or Medicaid rate add-on payment or any other payment for the provision of Medicaid community mental health services in place on July 1, 2021 shall be diminished or changed to make the reimbursement changes required under the Act. Requires the Department to apply for federal approval to implement the Act. Provides that implementation of the add-on payments is conditioned on the receipt of federal financial participation for such payments. Effective immediately.

Amends the Environmental Protection Act. Provides that the Environmental Protection Agency shall ensure that possible adverse economic, social, and environmental effects on environmental justice communities relating to any permit or permit renewal have been fully considered prior to publishing a draft permit or permit renewal for public comment, and that the final decision on the permit or permit renewal is made in the best overall public interest. Provides that any person or entity seeking a permit or permit renewal in an environmental justice community shall give public notice with specified information to the residents of the environmental justice community. Provides that environmental justice community residents shall have 90 days following a community meeting to submit comments to the Agency. Provides that a permit applicant for permitted activity sited in an environmental justice community shall enter into a community benefits agreement with the unit of local government in whose jurisdiction the permit applicant has applied. Provides that the community benefits agreement must, at a minimum, contain provisions requiring the permit applicant to mitigate the environmental and public health impact of the permitted activity in the environmental justice community. Effective immediately. House Floor Amendment No. 2 Deletes reference to: 415 ILCS 5/40.4 new Adds reference to: 415 ILCS 5/3.141-5 new 415 ILCS 5/3.141 rep. 415 ILCS 5/42 from Ch. 111 1/2, par. 1042 Replaces everything after the enacting clause. Amends the Environmental Protection Act. Provides that, before an owner or operator may initiate demolition of a thermal power plant via implosion, the owner or operator must satisfy specified notification requirements and obtain an Agency-approved air quality plan. Provides that, at least 30 days after providing notice, an owner or operator must hold at least one public meeting within the municipality in which the site is located to discuss the proposed demolition. Contains requirements for the public meeting and the air quality plan. Requires the air quality plan to include a dust mitigation plan, contingency plan, and site cleanup plan with specified requirements. Contains other provisions. Repeals a provision regarding the notice of power plant demolition. In provisions regarding civil penalties, provides that any person who engages in demolition of a thermal power plant via implosion in violation of the Act shall be liable for a civil penalty of up to $50,000 for the first violation and up to $250,000 for a second or subsequent violation. Effective immediately. House Floor Amendment No. 3 Provides that "thermal power plant" or "plant" includes (rather than includes, at a minimum) generation facilities creating power using coal or gas (rather than coal, gas, or nuclear fuel) as inputs.

Amends the Counties Code, the Township Code, the Illinois Municipal Code, and the Fire Protection District Act. Provides that a nongovernmental entity with which a county, township, municipality, or fire protection district contracts to furnish fire protection services that displays a logo of the unit of local government on the entity's vehicles or uniform shall conspicuously display on all vehicles and uniforms a disclosure with specified information. Defines "vehicle". Provides that a violation is a business offense with a $1,000 fine per occurrence. Limits home rule powers. Effective immediately.

Amends the Medical Practice Act of 1987. Provides that not later than 12 months after the effective date of the amendatory Act, the Department of Financial and Professional Regulation shall adopt rules that require a person seeking licensure to practice medicine in all of its branches to have completed 3 hours of education on the diagnosis, treatment, and care of individuals with cognitive impairments, including, but not limited to, Alzheimer's disease and other dementias. Specifies that the education requirement shall only apply to applicants who serve or will serve adult populations and have or will have direct patient interactions in their capacity as physicians. Provides that not later than 12 months after the effective date of the amendatory Act, the Department shall adopt rules that require any continuing education for persons licensed to practice medicine under all of its branches to include an average of one hour of continuing education per license year on the diagnosis, treatment, and care of individuals with cognitive impairments, including, but not limited to, Alzheimer's disease and other dementias. Specifies that the continuing education requirement shall only apply to persons who serve adult populations and have direct patient interactions in their capacity as physicians. Provides that the curriculum used for the education and continuing education requirements shall cover the diagnosis of Alzheimer's disease and other dementias, including recognizing the signs and symptoms of dementia; person-centered care; assessment and care planning; and culturally competent health care.

Creates the First Responders Behavioral Healthcare Bill of Rights Act. Provides that first responders have certain specified statutory rights in seeking behavioral health services and treatment. Provides that the rights guaranteed to first responders in these provisions are judicially enforceable. Provides that an aggrieved employee may, under the Civil Practice Law, bring an action for damages, attorney's fee, or injunctive relief against an employer for violating these rights. Defines various terms. House Committee Amendment No. 1 Provides that the right of full access to behavioral health services and treatment that are responsive to the needs of the individual are available to the profession of emergency medical technician (EMT). Deletes provision that the right of first responders includes the right to have behavioral health services and treatment in a manner that reduces stigma to those services and treatment.

Creates the Paint Stewardship Act. Contains only a short title provision. House Committee Amendment No. 1 Replaces everything after the enacting clause. Creates the Paint Stewardship Act. Contains the findings of the General Assembly. Provides that manufacturers of architectural paint sold at retail in the State or representative organizations shall submit to the Director of the Environmental Protection Agency a plan for the establishment of a postconsumer paint stewardship program. Requires the program to meet specified requirements. Provides that manufacturers or retailers shall not sell or offer for sale architectural paint to any person in the State unless the manufacturer of a paint brand or representative organization is implementing an approved paint stewardship plan. Prohibits the incineration of leftover architectural paint collected pursuant to an approved paint stewardship plan. Provides that manufacturers or representative organizations shall submit reports with specified requirements. Provides that manufacturers or representative organizations participating in a postconsumer paint stewardship program shall not be liable for any claim of a violation of antitrust, restraint of trade, unfair trade practice, or other anticompetitive conduct arising from conduct undertaken in accordance with the program. Provides administrative and oversight fees to be paid to the Agency. Provides that manufacturers or representative organizations shall implement the postconsumer paint collection plan within 6 months of the date that the program plan is approved. Contains provisions regarding postconsumer paint from households and small businesses. Contains other provisions.

Creates the Illinois Employee Security Act. Establishes a framework for employee discipline and discharge. Prohibits the unjust discharge of an employee. Requires employers to utilize progressive discipline measures. Limits the use of electronic monitoring. Provides for severance pay. Directs the Department of Employment Security to adopt rules and administer the Act. Provides statutory remedies for wrongfully discharged employees and authorizes the recovery of damages. Creates the Wrongful Discharge Enforcement Fund as a special fund in the State treasury. Applies to disciplinary and discharge actions occurring one year after the Act's effective date. Effective January 1, 2022.

Amends the Illinois Vehicle Code. Provides that no person may possess a vehicle security circumvention device if he or she has previously been convicted of specified felonies under the Code. Provides that only a mechanic, a licensed new or used vehicle dealer, a licensed locksmith, a repossession agent, or a State or local law enforcement officer may possess a vehicle security circumvention device. Provides that any seller of a vehicle security circumvention device shall: (1) conduct a criminal background check on a buyer before completing the sale; and (2) confirm that the buyer may lawfully possess a vehicle security circumvention device before completing the sale. Provides criminal penalties. House Floor Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following changes: allows employees of facilities subject to the Automotive Repair Act and Automotive Collision Repair Act (instead of mechanics) to possess a vehicle security circumvention device; specifies that language prohibiting the possession or sale of vehicle security circumvention devices by or to persons convicted of certain felonies applies only with respect to convictions within the previous 5 years.