Rep. Curtis Tarver

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 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.

Amends the Illinois Income Tax Act. Provides that the earned income tax credit shall be: (i) 20% of the federal tax credit for each taxable year beginning on or after January 1, 2023 and prior to January 1, 2024; (ii) 22% of the federal tax credit for each taxable year beginning on or after January 1, 2024 and prior to January 1, 2025; and (iii) 25% of the federal tax credit for each taxable year beginning on or after January 1 2025. Provides that the earned income tax credit is available to persons who have attained the age of 18 but have not yet attained the age of 25 and to persons who are 65 years of age or older, without regard to any age requirements that would otherwise apply to individuals without a qualifying child under federal Internal Revenue Code. Extends the earned income tax credit to individuals filing a return using an individual taxpayer identification number. Creates a child dependent tax credit that shall be not less than $600 when combined with the taxpayer's earned income tax credit. Effective immediately.

Amends the Criminal Code of 2012. Makes it unlawful to deliver, sell, or purchase or cause to be delivered, sold, or purchased or cause to be possessed by another, an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge. Makes it unlawful for any person to knowingly possess an assault weapon, .50 caliber rifle, or .50 caliber cartridge 300 days after the effective date of the amendatory Act, except possession of weapons registered with the Illinois State Police in the time provided. Provides exemptions and penalties. Prohibits delivery, sale, purchase or possession of large capacity ammunition feeding devices. Provides exemptions and penalties.

Amends the Chicago School District Article of the School Code. With regard to local school council members, provides that the school district shall perform a check of the Dru Sjodin National Sex Offender Public Website, the Statewide Sex Offender Database, and the Statewide Murderer and Violent Offender Against Youth Database upon the election or appointment of a local school council member. Provides that if the general superintendent determines at any time that a local school council member or member-elect appears on the Dru Sjodin National Sex Offender Public Website or the Statewide Sex Offender Database or Statewide Murderer and Violent Offender Against Youth Database, the general superintendent must notify the local school council member or member-elect of such determination and the local school council member or member-elect must be removed from the local school council by the board of education. Provides that a local school council member must comply with all applicable board rules and policies regarding employees or volunteers. Removes provisions regarding ineligibility for election or appointment of a local school council member based upon certain criminal convictions. Effective immediately.

Amends the Counties Code. In a division concerning counties under township organization, provides that the chairman and vice-chairman of the county board shall be elected by a majority of those elected to the board. Provides that, if the position of chairman becomes vacant, the vice-chairman shall serve as chairman until a new chairman is elected to fill the remainder of the departing chairman's 2-year term. Effective January 1, 2022. House Floor Amendment No. 2 Deletes reference to: 55 ILCS 5/2-3001 from Ch. 34, par. 2-3001 55 ILCS 5/6-31002 from Ch. 34, par. 6-31002 65 ILCS 5/1-1-2 from Ch. 24, par. 1-1-2 Adds reference to: 65 ILCS 5/11-74.4-3.5 Replaces everything after the enacting clause. Amends the Tax Increment Allocation Redevelopment Act of the Illinois Municipal Code. Extends the estimated dates of completion of redevelopment projects and the retirement of obligations issued to finance redevelopment project costs for various ordinances adopted by the City of Chicago, the Village of Elkhart, the City of Robinson, the Village of Valmeyer, and the City of McHenry. Creates tax increment allocation financing extensions to the 47th year (currently, the 35th year) for ordinances adopted by the City of Pontiac if the City of Pontiac adopts a specified ordinance and provides notice to the taxing bodies that would otherwise constitute the joint review board of each redevelopment project area. Effective immediately.

Congratulates John Canning on his dedication and hard work as co-chair of Big Shoulders Fund for the last 25 years and wishes him continued success in all his future endeavors.

Mourns the passing of LeRoy Franklin Lilly.

Amends the Home Inspector License Act. Provides that all applicants and licensees shall provide a valid address and email address to the Department of Financial and Professional Regulation and inform the Department of any change of address or email address within 14 days. Provides that the Department may adopt rules to permit the issuance of citations to any licensee for failure to comply with the continuing education requirements set forth in the Act or as established by rule. Provides that all applicants for a home inspector license and all licensees shall maintain general liability insurance in an amount of not less than $100,000 with deductibles of not more than $2,500. Provides that except as otherwise expressly provided, nothing in the Act shall be construed to grant to any person a private right of action for damages or to enforce the provisions of the Act or the rules adopted under the Act. Makes changes in provisions concerning necessity of license, use of title, and exemptions; application for a home inspector license; renewal of a license; endorsement; continuing education renewal requirements; retention of records; grounds for disciplinary action; investigation, notice, and hearing; returned checks and dishonored credit card charges and penalty fees; violations, injunctions, and cease and desist orders; and education providers. Repeals a provision concerning peer review advisors. Amends the Regulatory Sunset Act to repeal the Home Inspector License Act on January 1, 2032. Effective January 1, 2022, except provisions amending the Regulatory Sunset Act take effect immediately. House Committee Amendment No. 1 Adds reference to: 225 ILCS 441/5-25 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Provides that the licensing of home inspector entities required under the Act does not apply to an entity whose ownership structure is one licensed home inspector operating a sole proprietorship, a single member limited liability company, or a single shareholder corporation, and that home inspector is the only licensed home inspector performing inspections on the entity's behalf. Provides that the licensed home inspector who is the sole proprietor, sole shareholder, or single member of the company or entity shall comply with all other provisions of this Act. Provides that a corporation, limited liability company, partnership, or entity shall, as a condition of licensure, designate a managing licensed home inspector. Provides that the managing home inspector of any home inspector entity shall be responsible for the actions of all licensed and unlicensed employees, agents, and representatives of that home inspector entity while it is providing a home inspection or home inspection service. Provides that it shall be grounds for disciplinary action if a licensee provides fees, gifts, waivers of liability, or other forms of compensation or gratuities to persons licensed under any real estate professional licensing act in this State as consideration or inducement for the referral of business. Makes changes to provisions concerning definitions; application for home inspector license; pre-license education requirements; grounds for disciplinary action; and no private right of action. House Floor Amendment No. 2 Deletes reference to: 5 ILCS 80/4.41 new Adds reference to: 5 ILCS 80/4.37 In provisions amending the Regulatory Sunset Act, provides for repeal of the Home Inspector License Act on January 1, 2027 (rather than January 1, 2032). Senate Floor Amendment No. 1 Deletes reference to: 5 ILCS 80/4.32 5 ILCS 80/4.37 225 ILCS 441/1-10 225 ILCS 441/1-12 new 225 ILCS 441/5-5 225 ILCS 441/5-10 225 ILCS 441/5-12 225 ILCS 441/5-16 225 ILCS 441/5-17 225 ILCS 441/5-20 225 ILCS 441/5-25 225 ILCS 441/5-30 225 ILCs 441/5-50 new 225 ILCS 441/10-10 225 ILCS 441/15-10 225 ILCS 441/15-10.1 new 225 ILCS 441/15-15 225 ILCS 441/15-20 225 ILCS 441/15-36 new 225 ILCS 441/15-55 225 ILCS 441/15-60 225 ILCS 441/20-5 225 ILCS 441/25-15 225 ILCS 441/25-27 225 ILCS 441/25-17 rep. Adds reference to: 5 ILCS 120/2 from Ch. 102, par. 42 5 ILCS 140/7.5 5 ILCS 830/10-5 20 ILCS 2605/2605-304 new 20 ILCS 2605/2605-605 20 ILCS 3930/7.9 new 30 ILCS 105/5.938 new 30 ILCS 105/6z-99 30 ILCS 105/6z-125 new 30 ILCS 715/3 from Ch. 56 1/2, par. 1703 430 ILCS 65/1.1 from Ch. 38, par. 83-1.1 430 ILCS 65/3 from Ch. 38, par. 83-3 430 ILCS 65/3.1 from Ch. 38, par. 83-3.1 430 ILCS 65/4 from Ch. 38, par. 83-4 430 ILCS 65/5 from Ch. 38, par. 83-5 430 ILCS 65/6 from Ch. 38, par. 83-6 430 ILCS 65/6.2 new 430 ILCS 65/7 from Ch. 38, par. 83-7 430 ILCS 65/7.5 new 430 ILCS 65/8.2 430 ILCS 65/8.3 430 ILCS 65/8.4 new 430 ILCS 65/8.5 new 430 ILCS 65/9.5 430 ILCS 65/10 from Ch. 38, par. 83-10 430 ILCS 65/11 from Ch. 38, par. 83-11 430 ILCS 65/13.2 from Ch. 38, par. 83-13.2 430 ILCS 65/13.4 new 430 ILCS 66/10 430 ILCS 66/10.5 new 430 ILCS 66/10.6 new 430 ILCS 66/20 430 ILCS 66/30 430 ILCS 66/50 430 ILCS 66/55 430 ILCS 66/66 new 430 ILCS 66/70 430 ILCS 67/35 430 ILCS 67/40 520 ILCS 5/2.11 from Ch. 61, par. 2.11 520 ILCS 5/2.26 from Ch. 61, par. 2.26 520 ILCS 5/2.33 from Ch. 61, par. 2.33 520 ILCS 5/2.34 from Ch. 61, par. 2.34 720 ILCS 5/24-3 from Ch. 38, par. 24-3 720 ILCS 5/24-8 725 ILCS 5/112A-14 from Ch. 38, par. 112A-14 730 ILCS 5/5-4-3a Replaces everything after the enacting clause. Amends the Illinois Criminal Justice Information Act. Creates the Firearm Prohibitors and Records Improvement Task Force to identify and research all available grants, resources, and revenue that may be applied for and used by all entities responsible for reporting federal and State firearms prohibitors to the Illinois State Police and the National Instant Criminal Background Check System. Provides that under the Firearm Owners Identification Card Act, these reporting entities include, but are not limited to, hospitals, courts, law enforcement and corrections. Provides that the Illinois Criminal Justice Information Authority shall provide administrative and other support to the Task Force. Provides that the Task Force may meet in person or virtually and shall issue a written report of its findings and recommendations to the General Assembly on or before July 1, 2022. Repeals the Task Force provisions on July 1, 2027. Amends the Gun Trafficking Information Act. In a provision requiring the Illinois State Police to make certain information publicly available regarding firearms used in the commission of crimes, provides that the information shall include annual statistical information concerning Firearm Owner's Identification Card and concealed carry license applications, revocations, and compliance with a specified provision of the Firearm Owners Identification Card Act, firearm restraining order dispositions, and firearm dealer license certification inspections. Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Provides that the Illinois State Police shall establish a portal for use by federal, State, or local law enforcement agencies, including Offices of the State's Attorneys and the Office of the Attorney General to capture a report of persons whose Firearm Owner's Identification Cards have been revoked or suspended. Provides that the portal is for law enforcement purposes only. Amends the Firearm Owners Identification Card Act. Provides that the Illinois State Police shall develop an Internet-based system upon which the serial numbers of firearms that have been reported stolen are available for public access for individuals to ensure any firearms are not reported stolen prior to the sale or transfer of a firearm under a provision concerning transfer of firearms. Requires the Illinois State Police to have the Internet-based system completed and available for use by July 1, 2022. Provides that beginning January 1, 2024, any person who is not a federally licensed firearm dealer shall, before selling or transferring the firearms, contact the Illinois State Police with the transferee's or purchaser's Firearm Owner's Identification Card number to determine the validity of the transferee's or purchaser's Firearm Owner's Identification Card and initiate and complete an automated search of its criminal history record information files and those of the Federal Bureau of Investigation, including the National Instant Criminal Background Check System, and of the files of the Department of Human Services relating to mental health and developmental disabilities to obtain any felony conviction or patient hospitalization information which would disqualify a person from obtaining or require revocation of a currently valid Firearm Owner's Identification Card. Provides that the Illinois State Police shall develop an Internet-based system to conduct this check. Provides that each applicant for the issuance of a Firearm Owner's Identification Card may include a full set of his or her fingerprints in electronic format to the Illinois State Police. Provides that a Firearm Owner's Identification Card of a licensee under the Firearm Concealed Carry Act shall not expire during the term of the licensee's concealed carry license. Provides that the Illinois State Police shall deny an application or shall revoke and seize a Firearm Owner's Identification Card previously issued under the Act if the Illinois State Police finds that the applicant or person to whom such card was issued is or was at the time of issuance subject to a civil no contact order or a stalking no contact order. Provides that if a person who possesses a combined Firearm Owner's Identification Card and a concealed carry license becomes subject to suspension or revocation under the Firearm Concealed Carry Act, but is otherwise eligible for a valid Firearm Owner's Identification Card, the Illinois State Police shall ensure the person's Firearm Owner's Identification Card status is not interrupted. Provides for email notifications and text messages from the Illinois State Police upon request of an applicant or card holder. Creates expanded rulemaking authority for the Illinois State Police concerning the Firearm Owners Identification Card Act and the Firearm Concealed Carry Act. Provides that the Illinois State Police shall continuously monitor relevant State and federal databases for firearms prohibitors and correlate those records with concealed carry license holders to ensure compliance with the Act and any other State and federal laws. Defines "firearms prohibitor". Amends the Wildlife Code. Provides in various provisions an exemption to carry a firearm on Department of Natural Resources property in accordance with the Firearm Concealed Carry Act. Makes conforming changes in various other Acts. Effective January 1, 2022, except that certain changes to the Firearm Owners Identification Card Act take effect January 1, 2024. Senate Floor Amendment No. 2 Provides that any person within this State who receives any firearm, stun gun, or taser from a person who is not a federally licensed firearm dealer shall provide a record of the transfer within 10 days of the transfer to a federally licensed firearm dealer and shall not be required to maintain a transfer record. Provides that the federally licensed firearm dealer shall maintain the transfer record for 20 years from date of receipt. Provides that a federally licensed firearm dealer may charge a fee not to exceed $25 to retain the record. Provides that the record shall be provided and maintained in either an electronic or paper format. Provides that the federally licensed firearm dealer shall not be liable for the accuracy of any information in the transfer record submitted pursuant to this provision.

Amends the Sexual Assault Survivors Emergency Treatment Act. Changes the definition of "follow-up healthcare" to mean specified healthcare services within 180 (instead of 90) days of the initial visit for medical forensic services. Makes corresponding changes. Senate Floor Amendment No. 1 Adds reference to: 410 ILCS 70/2-1 410 ILCS 70/5-1 410 ILCS 70/7.5 410 ILCS 70/9.5 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Provides that the Department of Public Health shall not approve sexual assault treatment plans for more than 6 federally qualified health centers, which must be located in geographically diverse areas of the State. Provides that specified requirements apply to approved federally qualified health centers. Includes additional information that must be posted on signage at each public entrance to an approved federally qualified health center if it is not open 24 hours a day, 7 days a week. Prohibits approved federally qualified health centers from billing sexual assault survivors directly for certain services. Provides that, notwithstanding any other provision of law, a sexual assault survivor who is not the subscriber or primary policyholder of the sexual assault survivor's insurance policy may opt out of billing the sexual assault survivor's private insurance provider. Provides that if the sexual assault survivor opts out of billing the sexual assault survivor's private insurance provider, then the bill for medical forensic services shall be sent to the Department of Healthcare and Family Services' Sexual Assault Emergency Treatment Program for reimbursement for the services provided to the sexual assault survivor. Adds a member to the Sexual Assault Medical Forensic Services Implementation Task Force. Requires the Task Force's report to the General Assembly to be submitted by January 1, 2024 (rather than January 1, 2023) and to include additional specified information. Provides that the provisions regarding the Task Force are repealed on January 1, 2025 (rather than January 1, 2024). House Committee Amendment No. 1 Adds reference to: 410 ILCS 70/7.5-1 Replaces everything after the enacting clause with the provisions of the engrossed bill with the following changes. Removes language requiring specified medical forensic services to be provided by a physician, physician assistant, or advanced practice registered nurse who has received specified training. Provides that, if a federally qualified health center's treatment plan is terminated, the federally qualified health center must submit to the Department for approval, before providing medical forensic services, a new treatment plan and a list of qualified medical providers to ensure coverage for the days and hours of operation. Provides that a federally qualified health center must employ a Sexual Assault Nurse Examiner Coordinator who is a qualified medical provider and a Medical Director who is a qualified medical provider. Provides that an approved federally qualified health center must report each instance that a sexual assault survivor is transferred to a treatment hospital, treatment hospital with approved pediatric transfer, or an approved pediatric health care facility to the Department within 24 hours of the transfer, in a form and manner prescribed by the Department, including the reason for the transfer. Provides that each approved federally qualified health center shall ensure that specified physicians, physician assistants, advanced practice registered nurses, and registered professional nurses receive specified sexual assault training and continuing education. Provides that sexual assault training provided under the provisions may be provided in person or online and shall include specified information. Provides that an approved federally qualified health center that has a memorandum of understanding with a rape crisis center must notify the rape crisis center immediately if medical forensic services are not available during the approved federally qualified health center's hours of operation or if the approved federally qualified health center's treatment plan is terminated by the Department. Provides that changes to specified provisions are effective immediately. Makes other changes.