Rep. Eva-Dina Delgado

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 Corporate Fiduciary Act to create the Special Purpose Trust Company Authority and Organization Article. Provides that a corporation that has been or shall be incorporated under the general corporation laws of the State for the special purpose of providing fiduciary custodial services or providing other like or related services as specified by rule may be appointed to act as a fiduciary with respect to such services and shall be designated a special purpose trust company. Provides that it shall not be lawful for any person to engage in the activity of a special purpose trust company without first filing an application for and procuring a certificate of authority from the Secretary of Financial and Professional Regulation. Provides that the Department shall adopt rules for the administration of the Article, and that specified Articles of the Corporate Fiduciary Act shall apply to a special purpose trust company as if the special purpose trust company were a trust company. Amends the Illinois Banking Act. In provisions concerning conversion and merger with trust companies, provides that a special purpose trust company may merge with a State bank or convert to a State bank as if the special purpose trust company were a trust company. Defines "special purpose trust company". Amends the Blockchain Business Development Act to provide that the Department of Financial and Professional Regulation shall have authority to adopt rules, opinions, or interpretive letters regarding the custody of digital assets, including digital consumer assets, digital securities, and virtual currency. House Floor Amendment No. 1 Provides that the Department of Financial and Professional Regulation shall have the authority to adopt rules, opinions, or interpretive letters regarding the provision of custodial services for digital assets by banks chartered under the Illinois Banking Act, savings banks chartered under the Savings Bank Act, and corporate fiduciaries authorized under the Certificate Of Authority And Organization Article or Special Purpose Trust Company Authority And Organization Article of the Corporate Fiduciary Act. Defines "digital asset". Removes language that provides that the Department of Financial and Professional Regulation shall have authority to adopt rules, opinions, or interpretive letters regarding the custody of digital assets, including digital consumer assets, digital securities, and virtual currency.

Amends the Right to Privacy in the Workplace Act. Provides that an employer may not refuse to hire an individual or discipline an employee because results of an individual's drug test indicate the presence of THC on the part of that individual. Permits an employer to enforce a pre-employment drug testing policy, zero-tolerance drug testing policy, random drug testing policy, or a drug-free workplace policy or disciplining an employee for violating such policy, but provides than an employer may not take adverse action against an employee solely because of a positive drug test for cannabis unless the test result exceeds limits set forth in certain DUI provisions of the Illinois Vehicle Code. Sets forth conditions under which an employer may discipline an employee for impairment. Provides that there is not a cause of action for any person against an employer for disciplining or terminating the employment of an individual when enforcing a compliant policy. Effective immediately. House Committee Amendment No. 2 Adds reference to: 410 ILCS 705/10-50 rep. Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: Amends the Cannabis Regulation and Tax Act. Repeals provisions concerning employment and employer liability. Amends the Right to Privacy in the Workplace Act. Defines terms. Provides that discharge for the presence of tetrahydrocannabinol is permissible if the employee works in a safety sensitive position, if the employee demonstrates impairment, or if the test results for tetrahydrocannabinol exceeds the limits under specified provisions of the Illinois Vehicle Code. Replaces references to "cannabis" with "tetrahydrocannabinol" and "premises" with "workplace". Provides that nothing in the Act prohibits an employer from enforcing a pre-employment drug testing policy, random drug testing policy, or a drug-free workplace policy or from disciplining an employee or withdrawing a job offer to an applicant for violating such policy if the policy is applied to employees working in safety sensitive positions. Removes the effective date. Makes other changes. House Floor Amendment No. 3 Deletes reference to: 410 ILCS 705/10-50 rep. Adds reference to: 410 ILCS 705/10-50 Further amends the Cannabis Regulation and Tax Act. Provides that nothing in the Act shall be construed to create or imply a cause of action under the Act for any person against an employer for actions taken pursuant to an employer's workplace drug policy that complies with the Right to Privacy in the Workplace Act. Removes specified provisions concerning employment and employer liability. Removes the repeal provision. Amends the Right to Privacy in the Workplace Act. Provides that nothing in the Act prohibits an employer from disciplining or discharging an employee whose use of a lawful product adversely affects or impairs the employee's job performance, conduct, or ability to safely perform the assigned job duties in the employer's workplace during working hours or hours the individual is on call or implementing and enforcing workplace policies regarding the possession, use, or impairment of lawful products in the employer's workplace during working hours or hours the individual is on call. Provides that specified provisions do not apply to any employer (rather than any employer that is a non-profit organization) that, as one of its primary purposes or objectives, discourages the use of one or more lawful products by the general public. Provides that the definition of "safety sensitive position" includes a position working for a law enforcement agency in a capacity that impacts the safety of others. Provides that the definition of "critical services and infrastructure" means physical and cyber systems and assets that are so vital to the public (rather than State) that their incapacity, compromise, or destruction (rather than incapacity or destruction) would have a debilitating impact on physical or economic security, public health, or safety. Senate Committee Amendment No. 1 Provides that the term "safety sensitive position" includes a position that requires working around heavy machinery in a manufacturing facility.

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.

Creates the Public Higher Education Act. Provides that the intent of the Act is for the requirements of the Act to apply equally to the governing board of each public institution of higher education in this State. Defines "governing board of each public institution of higher education" and "public institution of higher education". Adds provisions requiring each public institution of higher education to make emergency contraception available for purchase through at least one vending machine located on each campus under its jurisdiction; defines "emergency contraception". Sets forth minimum requirements concerning the packaging, storage, cost, and dispensing of the emergency contraception. Effective immediately. House Floor Amendment No. 2 Excludes the board of trustees of a community college district and a public community college from the provisions concerning emergency contraception. Provides that the vending machine must be located in an area of campus where students can access the emergency contraception on weekends or after class hours and that the price of emergency contraception may not exceed $40. Pension Note, House Floor Amendment No. 2 (Government Forecasting & Accountability) HB 4247, as amended by HA 2, will not impact any public pension fund or retirement system in the State of Illinois. Pension Note (Government Forecasting & Accountability) HB 4247 would not impact any public pension fund or retirement system in Illinois. House Floor Amendment No. 3 Removes references to community colleges and makes other changes to definitions related to public institutions of higher education. State Mandates Fiscal Note, House Floor Amendment No. 2 (Dept. of Commerce & Economic Opportunity) This bill does not create a State mandate. Fiscal Note, House Floor Amendment No. 2 (Illinois Board of Higher Education) The estimated first-year cost to the public universities from HB 4247, as amended by House Amendment #2, is $135,000. The estimated out-year costs total $20,000 annually.

Amends the Illinois Procurement Code. Provides that within 30 days after the date that a written request for a change order is submitted by a contractor to a State agency, if the State agency fails to either issue the change order with an agreement on price or give specified written notice to the contractor, then the contractor may stop work after giving written notice to the State agency at least 10 days before stopping work. Provides further requirements upon the occurrence of a State agency's failure to issue a change order with an agreement on price or give specified written notice to the contractor. Provides similar requirements for request for change orders submitted by a subcontractor to a contractor. Specifies that the provisions apply only to contracts for construction and construction-related services entered into by the Department of Transportation, the Capital Development Board, and public institutions of higher education, including contractors and subcontractors of those State entities. Effective immediately. House Floor Amendment No. 1 Replaces everything after the enacting clause. Amends the Illinois Procurement Code. Provides that within 45 days after the date that a written request for a change order is submitted by a contractor to a State agency or within 45 days after the date that authorization for extra work is issued by a State agency to a contractor, the State agency shall either: (i) issue the change order with an agreement on price; (ii) agree on price for the authorization for extra work; (iii) counter on price in writing; (iv) give written notice to the contractor of the reasons why the change order is unreasonable; (v) accept a partial agreement on price on some of the terms of the change order or extra work; or (vi) explain in writing that an additional 30 days are necessary to make a determination. Provides that if an additional 30 days is requested, then, after the 30 additional days have elapsed, the State agency shall either: (i) issue the change order with an agreement on price; (ii) agree on price for the authorization for extra work; (iii) counter on price in writing; (iv) give written notice to the contractor of the reasons why the change order is unreasonable; (v) accept a partial agreement on price on some of the terms of the change order or extra work; or (vi) explain in writing that an additional 15 days are necessary to make a determination. Provides that if an additional 15 days is requested, then, after every 15 additional days that elapse, as necessary, the State agency shall perform one of the specified actions. Provides that the State agency shall report quarterly on its website the total number of times the State agency requested additional time to make a determination and the total number of times the State agency requested additional time for such determination for each contract. Effective immediately.

Amends the Illinois Police Training Act. Provides that the Illinois Law Enforcement Training Standards Board shall establish statewide standards for minimum standards regarding regular mandatory annual mental health wellness checks (rather than regular mental health screenings) for probationary and permanent police officers, ensuring that counseling sessions and wellness checks (rather than screenings) remain confidential. Provides that the regular mandatory annual mental health wellness checks for probationary and permanent police officers shall be provided through the law enforcement agency's health insurance carrier at no cost to the law enforcement agency that employs the officers. Amends the Counties Code, Illinois Municipal Code, and Illinois Insurance Code making conforming changes.

Amends the Unified Code of Corrections. Adds as "excluded offenses" attempted first degree murder, reckless homicide, aggravated vehicular hijacking in which the defendant was armed with a firearm or other dangerous weapon, being an armed habitual criminal, and any offense that requires the defendant to register as a sex offender under the Sex Offender Registration Act. Effective immediately.

Amends the Chicago Laborers Article of the Illinois Pension Code. In a provision concerning the board of trustees, provides that the City Treasurer, with the prior approval of the board, may also appoint a designee from among employees of the city who is versed in the affairs of the City Treasurer's office to act in the absence of the City Treasurer on all matters pertaining to administering the Article. Makes grammatical changes. Effective immediately. House Committee Amendment No. 1 Adds reference to: 40 ILCS 5/6-174 from Ch. 108 1/2, par. 6-174 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Further amends the Illinois Pension Code. In a provision of the Chicago Firefighter Article concerning the membership of the board of trustees, provides that the city treasurer, with the prior approval of the board, may appoint a designee from among employees of the city who is versed in the affairs of the city treasurer's office to act in the absence of the city treasurer on all matters pertaining to administering the Article.

Amends the Regional Transportation Authority Act. Provides that, by January 1, 2023, the Chicago Metropolitan Agency for Planning and its MPO Policy Committee, in coordination with the Authority, shall develop and submit a report of legislative recommendations to the Governor and General Assembly regarding changes to the recovery ratio, sales tax formula and distributions, governance structures, regional fare systems, and any other changes to State statute, Authority, or Service Board enabling legislation, policy, rules, or funding that will ensure the long-term financial viability of a comprehensive and coordinated regional public transportation system that moves people safely, securely, cleanly, and efficiently and supports and fosters efficient land use. Provides for the content and development of the report. Repeals the provisions on January 1, 2024. Effective immediately. House Committee Amendment No. 1 Moves the date on which the report of legislative recommendations shall be developed and submitted to January 1, 2024 (from January 1, 2023). Moves the repeal of the provisions to January 1, 2025 (from January 1, 2024). Senate Floor Amendment No. 1 Deletes reference to: 70 ILCS 3615/5.10 new Adds reference to: 50 ILCS 706/10-10 50 ILCS 706/10-20 50 ILCS 707/5 50 ILCS 707/10 Replaces everything after the enacting clause. Amends the Law Enforcement Officer-Worn Body Camera Act. Provides that "community caretaking" excludes law enforcement-related encounters or activities. Provides that "law enforcement-related encounter or activities" does not include when the officer is completing paperwork alone, is in a training in a classroom setting, or only in the presence of another law enforcement officer or officers (rather than when the officer is completing paperwork alone or only in the presence of another law enforcement officer). Provides that the written policy adopted by a law enforcement agency relating to officer-worn body cameras must include as one of the reasons that recordings made on officer-worn cameras must be kept past 90 days that the recording officer requests that the video be flagged for official purposes related to his or her official duties or believes it may have evidentiary value in a criminal prosecution (rather than for official purposes related to his or her official duties). Amends the Law Enforcement Camera Grant Act. Defines "law enforcement officer" or "officer" as any person employed by a unit of local government (rather than a county, municipality, or township) or an Illinois public university as a policeman, peace officer or in some like position involving the enforcement of the law and protection of the public interest at the risk of that person's life. Defines "unit of local government". Adds that one of the uses of grants from the Law Enforcement Camera Grant Fund includes covering associated data storage costs of officer-worn body cameras and associated technology. Effective immediately. Senate Floor Amendment No. 2 Deletes reference to: 70 ILCS 3615/5.10 new Adds reference to: 50 ILCS 705/8.1 from Ch. 85, par. 508.1 50 ILCS 706/10-10 50 ILCS 706/10-20 50 ILCS 707/5 50 ILCS 707/10 Replaces everything after the enacting clause. Amends the Illinois Police Training Act. Provides that within 60 days after the effective date of the amendatory Act, the Illinois Law Enforcement Training Standards Board shall adopt uniform rules providing for a waiver process for a person previously employed and qualified as a law enforcement or county corrections officer under federal law or the laws of any other state. Provides that the rules shall provide that any person previously employed or qualified as a law enforcement or county corrections officer under federal law or the laws of any other state shall successfully complete: (1) a training program approved by the Board on the laws of this State relevant to the duties of law enforcement and county correctional officers; and (2) firearms training, prior to the approval of a waiver. Amends the Law Enforcement Officer-Worn Body Camera Act. Provides that "community caretaking" excludes law enforcement-related encounters or activities. Provides that "law enforcement-related encounter or activities" does not include when the officer is completing paperwork alone, is in a training in a classroom setting, or only in the presence of another law enforcement officer or officers while not performing any other law enforcement-related activity (rather than when the officer is completing paperwork alone or only in the presence of another law enforcement officer). Provides that the written policy adopted by a law enforcement agency relating to officer-worn body cameras must include as one of the reasons that recordings made on officer-worn cameras must be kept past 90 days that the recording officer requests that the video be flagged for official purposes related to his or her official duties or believes it may have evidentiary value in a criminal prosecution (rather than for official purposes related to his or her official duties). Amends the Law Enforcement Camera Grant Act. Defines "law enforcement officer" or "officer" as any person employed by a unit of local government (rather than a county, municipality, or township) or an Illinois public university as a policeman, peace officer or in some like position involving the enforcement of the law and protection of the public interest at the risk of that person's life. Defines "unit of local government". Adds that one of the uses of grants from the Law Enforcement Camera Grant Fund includes covering associated data storage costs of officer-worn body cameras and associated technology. Effective immediately.