Rep. Lisa Hernandez

Amends the Juvenile Court Act of 1987. Eliminates provision that permits a guilty minor to be committed to the Department of Juvenile Justice for an offense that is a Class 3 or Class 4 felony violation of the Illinois Controlled Substances Act if the commitment occurs upon a third or subsequent judicial finding of a violation of probation for substantial noncompliance with court-ordered treatment or programming. Effective immediately.

Amends the Illinois Income Tax Act. Provides that, for the purposes of calculating a credit against withholding taxes for employers with 50 or fewer full-time equivalent employees, for reporting periods beginning on or after January 1, 2022 and ending on or before December 31, 2024, the maximum credit is 25% of the difference between the amount of compensation paid in Illinois to employees who are paid not more than the required minimum wage reduced by the amount of compensation paid in Illinois to employees who were paid less than the current required minimum wage during the reporting period prior to each increase in the required minimum wage on January 1 (currently: 17% in calendar year 2022; 13% in calendar year 2023; and 9% in calendar year 2024). Effective immediately.

Amends the Redistricting Transparency and Public Participation Act. Makes a technical change in a Section concerning the short title.

Creates the Carpet Stewardship Act. Provides that within 60 days after the effective date of the Act, the Director of the Environmental Protection Agency shall appoint specified members to a clearinghouse to administer and implement a carpet stewardship program. Specifies the duties of the clearinghouse. Requires the clearinghouse to be incorporated as a nonprofit. Provides that for all carpet sold in this State, the clearinghouse shall implement, and producers shall finance, a statewide carpet stewardship program that manages the product by reducing the product's waste generation, promotes its carpet recovery and reutilization, and provides for negotiation and execution of agreements to collect, transport, process, and market the old carpet for end-of-life carpet recovery or carpet reutilization. Requires the clearinghouse to submit, by July 1, 2023 and by July 1 every 3 years thereafter, a 3-year plan to the Agency for approval. Specifies the requirements for the plan. Establishes requirements for review of the plan and requirements for producers, retailers, and distributors of carpet. Requires the clearinghouse to submit annual reports to the Agency and pay specified administrative fees. Includes enforcement provisions for the Act. Establishes requirements for State procurement of carpet in the future. Contains other provisions. Effective immediately. State Debt Impact Note (Government Forecasting & Accountability) HB 4356 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 (Office of Management and Budget) Please be advised that the Balanced Budget Note Act does not apply to House Bill 4356, 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. House Floor Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Provides that the Director of the Environmental Protection Agency shall (rather than shall attempt to) appoint members of the clearinghouse that reflect the racial and gender diversity of this State. Requires the clearinghouse to hold meetings that are open to the public with reasonable notice of the meeting made publicly available. Requires the clearinghouse's funding mechanism to: (i) be sufficient (rather than to be approved by the Agency as sufficient) to cover the annual costs of the clearinghouse program; and (ii) not charge specified fees to consumers. Provides that the clearinghouse shall remit to the Agency an annual fee of $250,000 to be used for administrative costs (rather than pay the Agency an annual administrative fee of not less than $200,000 and not more than $500,000). Adds a severability provision. Makes other changes. Effective immediately. Home Rule Note (Dept. of Commerce & Economic Opportunity) HB 4356 does not pre-empt home rule authority. State Mandates Fiscal Note (Dept. of Commerce & Economic Opportunity) HB 4356 does not create a State Mandate. Fiscal Note (Illinois Environmental Protection Agency) HB 4356 requires the clearinghouse to pay the Illinois EPA an annual administrative fee between $200,000 and $500,000 for expenses consistent with the Agency's responsibilities under the Act. Illinois EPA anticipates that this administrative fee would cover the resources needed by the Agency. Pension Note, House Floor Amendment No. 1 (Government Forecasting & Accountability) HB 4356, as amended by HA 1, will have no impact upon any public pension fund or retirement system in the State of Illinois. State Debt Impact Note, House Floor Amendment No. 1 (Government Forecasting & Accountability) HB 4356, as amended by House Amendment 1, would not change the amount of authorization for any type of State-issued bond, and, therefore, would not affect the level of State indebtedness. Land Conveyance Appraisal Note, House Floor Amendment No. 1 (Dept. of Transportation) No land conveyances are included in House Bill 4356 House Amendment #1; therefore, there are no appraisals to be filed. Housing Affordability Impact Note, House Floor Amendment No. 1 (Housing Development Authority) This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence. Balanced Budget Note, House Floor Amendment No. 1 (Office of Management and Budget) Please be advised that the Balanced Budget Note Act does not apply to House Bill 4356, [as amended by House Amendment l] 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. Judicial Note, House Floor Amendment No. 1 (Admin Office of the Illinois Courts) Based on a review of the bill, the legislation will not increase or decrease the number of judges needed in the state of Illinois. Correctional Note, House Floor Amendment No. 1 (Dept of Corrections) This amendment has no fiscal impact or population impact on the department. Home Rule Note, House Floor Amendment No. 1 (Dept. of Commerce & Economic Opportunity) This bill does not pre-empt home rule authority. State Mandates Fiscal Note, House Floor Amendment No. 1 (Dept. of Commerce & Economic Opportunity) This bill does not create a State Mandate under the State Mandates Act Fiscal Note, House Floor Amendment No. 1 (Illinois Environmental Protection Agency) House Amendment #1 to HB 4356 (Gabel) requires the clearinghouse to remit to the Illinois EPA an annual fee of $250,000 to be used for administrative costs pursuant to the Carpet Stewardship Act. Illinois EPA anticipates that this administrative fee would cover the resources needed by the Agency to carry out its responsibilities under the Act.

Amends the Illinois Vehicle Code. Removes language classifying motor vehicles of the first division used and registered as school buses as vehicles of the second division. Provides that no person shall drive a motor vehicle of the first division used and registered as a school bus when transporting school children unless the person meets certain requirements.

Creates the Right to Counsel in Immigration Proceedings Act. Establishes the Task Force on Counsel in Immigration Proceedings. Provides for members, compensation, and support staff. Provides that the Task Force shall investigate the implementation of universal representation for covered individuals in immigration removal proceedings. Provides that the Task Force shall submit a report of its findings in the investigation and its recommendations for how to fully provide legal representation for covered individuals facing immigration proceedings no later than July 1, 2022. Repeals the Act July 1, 2023. Effective immediately. Senate Committee Amendment No. 1 Deletes the list of members of the Task Force on Counsel in Immigration Proceedings. Provides instead that the Governor shall appoint the 7 members of the Task Force with the advice and consent of the Senate, in consultation with the President of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the Attorney General, and the Secretary of Human Services.

Amends the School Code. Makes changes in the School Boards Article relating to policies addressing sexual abuse. In the Courses of Study Article, repeals the sex education, family life, and instruction on diseases provisions. Instead, sets forth comprehensive sex education requirements for course materials and instruction, requires the State Board of Education to post on its website comprehensive sex education resources for use in pre-kindergarten through the 12th grade, provides for school disclosure, parental requests, and notice, allows a school district to collaborate with a local public health department to identify and designate a qualified employee of the local public health department as the school district's point of contact for the purposes of responding to inquiries and comments about course instruction and materials, requires the State Board to develop, maintain, and make publicly available State standards, and provides for rulemaking. Makes changes in the Chicago School District Article concerning AIDS training. Effective immediately. House Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the School Code. Makes changes in the School Boards Article relating to policies addressing sexual abuse. In the Courses of Study Article, repeals the sex education, family life, and instruction on diseases provisions. Instead, sets forth comprehensive personal health and safety education requirements for course materials and instruction, requires the State Board of Education to post on its website personal health and safety education resources for use in pre-kindergarten through the 12th grade, provides for school disclosure, parental requests, and notice, allows a school district to collaborate with a local public health department to identify and designate a qualified employee of the local public health department as the school district's point of contact for the purposes of responding to inquiries and comments about course instruction and materials, requires the State Board to develop, maintain, and make publicly available State standards, and provides for rulemaking. Makes changes in the Chicago School District Article concerning AIDS training. Effective immediately. State Mandates Fiscal Note, House Committee Amendment No. 1 (Dept. of Commerce & Economic Opportunity) HB 1736 (H-AM 1) does not create a State Mandate. Fiscal Note, House Committee Amendment No. 1 (State Board of Education) HB 1736 (H-AM 1) includes new requirements for the State Board of Education (Board) and school districts that will have a fiscal impact. This fiscal impact estimate only addresses known or estimated costs for the Board and not PreK-12 public school districts, other State agencies or other entities impacted by the amendments. The Board is tasked with adopting sex education standards by July 1, 2022, develop and maintain sex education resources, and provide technical assistance to school district as needed. ISBE anticipates needing to hire additional staff to implement the requirements of HB 1736 (H-AM 1). ISBE estimates the cost of implementing this amendment will be $1.45m in years 1 and 2 and $100,000 in future years.

Creates the Mind Strong Act. Requires the Department of Public Health, or a third party contractor with experience in successful public education and awareness campaigns selected by the Department of Public Health, to develop and lead a 2-year educational campaign within each of Illinois' 11 health regions on the availability of adult mobile crisis response services within each region. Requires the Department to work in collaboration with community stakeholders, including certain organizations, the Department of Healthcare and Family Services, and the Department of Human Services. Requires the public awareness campaign to begin no later than January 1, 2022. Sets forth certain requirements for the public awareness campaign, including that it be culturally competent and that any written materials be written in plain, easy-to-understand language and available in multiple languages that are representative of the communities in a particular health region. Lists the types of organizations that must be the focus of the educational campaign. Requires the Department of Human Services to establish, subject to appropriation, a grant program for adult mobile crisis response services to any adult age 18 or older experiencing a mental health or substance use crisis regardless of insurance status. Requires the Department of Healthcare and Family Services to develop and implement training and protocols for individuals answering crisis calls to the Crisis and Referral Entry Services (CARES) line. Contains provisions concerning the use of data to strengthen CARES line responses and adult mobile crisis response services, and other matters. Requires the Departments of Public Health, Human Services, and Healthcare and Family Services to adopt rules to implement the Act. Effective immediately. House Committee Amendment No. 1 Replaces everything after the enacting clause. Creates the Alternatives to Crisis Escalation (ACE) Act. Requires the Department of Public Health, or a third-party contractor with experience in successful public education and awareness campaigns selected by the Department of Public Health, to develop and lead a 2-year educational campaign within each of Illinois' 11 health regions on the availability of adult mobile crisis response services within each region and how to access such services. Requires the Department to develop and implement this public awareness and educational campaign in collaboration with community stakeholders, including certain organizations, the Department of Healthcare and Family Services, and the Department of Human Services. Requires the public awareness campaign to begin no later than January 1, 2022 and to take into account crisis services, if any. Sets forth certain requirements for the public awareness campaign, including that it be culturally competent and that any written materials be written in plain, easy-to-understand language and available in multiple languages that are representative of the communities in a particular health region. Lists the types of stakeholders that shall be included as partner-stakeholders in the development of the campaign. Requires the Department of Human Services to establish, subject to appropriation, a grant program for the purposes of providing adult mobile crisis response services to any adult age 18 or older experiencing a mental health or substance use crisis regardless of insurance status. Requires the Department of Healthcare and Family Services to develop and implement training and protocols for individuals answering crisis calls to the Crisis and Referral Entry Services (CARES) line. Contains provisions concerning the use of data to strengthen CARES line responses and adult mobile crisis response services, and other matters. Requires the Departments of Public Health, Human Services, and Healthcare and Family Services to adopt rules to implement the Act. Effective immediately.

Amends the Illinois Municipal Retirement Fund (IMRF) Article of the Illinois Pension Code. Provides that if a full-time firefighter or firefighter/paramedic employed by a city, village, incorporated town, or township that meets certain requirements is not eligible to participate in a retirement fund created under the Downstate Firefighters Article of the Code, then he or she is eligible to participate, as a sheriff's law enforcement employee, under the IMRF Article of the Code. Specifies survivor and occupational disease disability benefits that are available to the qualifying firefighters. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

Amends the Adult Protective Services Act. Makes a technical change in a Section concerning the short title. Senate Floor Amendment No. 1 Deletes reference to: 320 ILCS 20/1 Adds reference to: 320 ILCS 20/4 from Ch. 23, par. 6604 320 ILCS 20/4.1 320 ILCS 20/4.2 320 ILCS 20/5 from Ch. 23, par. 6605 320 ILCS 20/8 from Ch. 23, par. 6608 Replaces everything after the enacting clause. Amends the Adult Protective Services Act. Provides that any person may report information about the suspicious death of an eligible adult to an agency designated to receive such reports under the Act or to the Department on Aging. Provides that if a mandated reporter has reason to believe that the death of an eligible adult may be the result of abuse or neglect, the matter shall be reported to an agency designated to receive such reports under the Act or to the Department for subsequent referral to the appropriate law enforcement agency and the coroner or medical examiner. Prohibits an employer from discriminating against any employee who reports information about the suspicious death of an eligible adult in accordance with the Act. Provides that any mandated reporter who is required under the Act to report a suspicious death due to abuse, neglect, or financial exploitation shall testify fully in any administrative hearing resulting from such report. Provides that a referral to law enforcement may be made after a report of a suspicious death, depending upon the circumstances. Provides that all records concerning reports of suspicious deaths due to abuse, neglect, financial exploitation, or self-neglect and all records generated as a result of such reports shall be confidential and shall not be disclosed, with some exceptions. Effective January 1, 2022. House Floor Amendment No. 1 Deletes reference to: 320 ILCS 20/4 320 ILCS 20/4.1 320 ILCS 20/4.2 320 ILCS 20/5 320 ILCS 20/8 Adds reference to: 320 ILCS 20/2 from Ch. 23, par. 6602 Replaces everything after the enacting clause. Amends the Adult Protective Services Act. In a provision listing mandated reporters, excludes the State Long Term Care Ombudsman and all representatives of the State Long Term Care Ombudsman Program. Expands the definition of "mandated reporter" to include investment advisors and insurance adjusters. Defines "insurance adjuster" and "investment adviser". Effective immediately.