Rep. Marcus Evans

Amends the Criminal Code of 2012. Provides that a person also commits aggravated battery when, in committing a battery, other than by the discharge of a firearm, he or she knowingly causes great bodily harm or permanent disability or disfigurement to an individual whom the person knows to be a person working under the Adult Protective Services Program or an Ombudsman under the State Long Term Care Ombudsman Program of the Department on Aging, Department of Children and Family Services employee: (1) performing his or her official duties; (2) battered to prevent performance of his or her official duties; or (3) battered in retaliation for performing his or her official duties. Provides that a violation is a Class 1 felony. Provides that a person also commits aggravated battery when, in committing a battery, other than by discharge of a firearm, he or she knows the individual battered to be a person working under the Adult Protective Services Program or an Ombudsman under the State Long Term Care Ombudsman Program of the Department on Aging, Department of Children and Family Services employee: (1) performing his or her official duties; (2) battered to prevent performance of his or her official duties; or (3) battered in retaliation for performing his or her official duties. Provides that a violation is a Class 2 felony. Defines "Department of Children and Family Services employee".

Designates First Avenue in Melrose Park as it travels from its intersection with North Avenue to its intersection with River Road as the "Kiddieland Amusement Park Road".

Amends the Electric Service Customer Choice and Rate Relief Law of 1997 of the Public Utilities Act. In provisions concerning infrastructure investment and modernization: Provides that beginning in 2022, a participating utility other than a combination utility shall pay $10,000,000 per year for 5 years and a participating utility that is a combination utility shall pay $1,000,000 per year for 10 years to the energy low-income and support program, which is intended to fund customer assistance programs with the primary purpose being avoidance of imminent disconnection and reconnecting customers who have been disconnected for nonpayment and makes conforming changes. Makes a change concerning the computation of the performance-based formula rate beginning with the rates applicable for the rate year commencing January 1, 2023, and each rate year thereafter. Removes provisions requiring that, by December 31, 2017, the Illinois Commerce Commission shall prepare and file with the General Assembly a report on the infrastructure program and the performance-based formula rate; provisions making the infrastructure investment and modernization, Smart Grid Advanced Metering Infrastructure Deployment Plan, Illinois Science and Energy Innovation Trust, and Illinois Smart Grid test bed provisions inoperative after December 31, 2022; and provisions limiting the ability of a participating utility to annually update the performance-based formula rate. Makes other changes. Effective immediately.

Amends the Illinois Income Tax Act. Provides that a taxpayer who is a family caregiver is eligible to receive a nonrefundable income tax credit in an amount equal to 100% of the eligible expenditures incurred by the taxpayer during the taxable year related to the care of an eligible family member, but not exceed $1,500 for the same eligible family member. Provides that the term "eligible family member" means a person who: (1) is at least 18 years of age during a taxable year; (2) requires assistance with at least one activity of daily living; (3) is a resident of the State; and (4) is related to the family caregiver. Effective immediately. Correctional Note (Dept of Corrections) There is no fiscal or population impact on the department. Pension Note (Government Forecasting & Accountability) HB 2974 amends the Illinois Income Tax Act in a way that does impact any pension system. Judicial Note (Admin Office of the Illinois Courts) This legislation would neither increase nor decrease the number of judges needed in the State of Illinois. State Debt Impact Note (Government Forecasting & Accountability) This bill would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness. Land Conveyance Appraisal Note (Dept. of Transportation) No land conveyances are included in this bill; therefore, there are no appraisals to be filed. Housing Affordability Impact Note (Housing Development Authority) This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence. State Mandates Fiscal Note (Dept. of Commerce & Economic Opportunity) This bill does not create a State mandate Home Rule Note (Dept. of Commerce & Economic Opportunity) This bill does not pre-empt home rule authority. Balanced Budget Note (Office of Management and Budget) Please be advised that the Balanced Budget Note Act does not apply to this bill, 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. Fiscal Note (Dept. of Revenue) The fiscal impact of HB 2974 would be a reduction in income tax revenue by an estimated $870 million to $1.74 Billion per year depending on the assumed claim rate. This estimate is based on data from the AARP "Caregiving in the US" 2015 report. From there we estimate that there are 1.36 Million caregivers caring for an adult in Illinois. Following the bill's language, we reduce that number to account only for those caring for an eligible family member. Based on the same data source we arrive to 1.16 Million caregivers that may qualify for this tax credit. When we apply the credit amount of $1,500 per qualified taxpayers to this latest figure, the result is $1.74 Billion in cost to the state - the upper limit of our estimate. The lower limit of the estimate accounts for the fact that in approximately 33% of the cases there is not a sole caregiver (based on the same data source). It also assumes that only 3 out of every 4 qualified taxpayers will claim the credit. For these two reasons in the lower limit we reduce the cost estimate to $870 Million per year, which is 50% of the upper limit. The definition of eligible expenditures is very broad, including costs associated with improvements or alterations to the family residence to permit an eligible family member to remain mobile, safe, and independent; the cost to purchase or lease equipment necessary to assist an eligible family member in carrying on one or more activities of daily living; and the cost of other goods and services that assist in providing care, including personal care attendants, transportation, and legal and financial services. For this reason, we believe that it is reasonable to expect that taxpayers may easily reach to the full credit amount of $1,500 that the bill establishes. For comparison purposes, consider that there are almost 1.6 million returns clarifying retirement income in the state (according to the latest available return data, FY16). This group of taxpayers would likely be the main beneficiary of this bill proposal. This fact reinforces our findings. Furthermore, data from the Centers for Medicare and Medicaid off ice indicates that the home health care cost in Illinois is around $4.2 Billion annually. This additional fact further strengthens our estimated cost range.

Amends the Criminal Code of 2012. Creates the offense of criminal damage to a critical infrastructure facility for a person who knowingly damages, destroys, vandalizes, defaces, or tampers with equipment in a critical infrastructure facility. Provides the penalty is a Class 1 felony punishable by a fine of $100,000, imprisonment, or both. Expands the offense of criminal trespass to a nuclear facility to include other critical infrastructure facilities. Provides the penalty is a Class 4 felony punishable by a fine of not less than $1,000, imprisonment, or both. Creates the offense of aggravated criminal trespass to a critical infrastructure facility for a person who commits a criminal trespass to a critical infrastructure facility with the intent to damage, destroy, vandalize, deface, or tamper with equipment of the facility, or impede or inhibit operations of the facility. Provides the penalty is a Class 3 felony punishable by a fine of not less than $10,000, imprisonment, or both. Provides if a business, corporation, or organization is convicted of conspiracy to commit any of the offenses the entity shall, in addition to any other applicable penalty, be sentenced to a fine of not less than 10 times the minimum fine authorized for the offense. Provides a person may be liable in any civil action for money damages to the owner of the critical infrastructure facility for any damage to personal or real property of the facility resulting from any of the offenses, and that a person may also be liable to the owner for court costs and reasonable attorney's fees. Provides for exemptions. Defines "critical infrastructure facility". House Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. Adds coal mines and any mining operation, including any processing equipment, batching operation, or support facility for that mining operation to the definition of "critical infrastructure facility". Provides that a business, corporation, or organization may be liable for conspiracy to commit criminal damage to a critical infrastructure facility, criminal trespass to a critical infrastructure facility, or aggravated criminal trespass to a critical infrastructure facility if the business, corporation, or organization sponsors, funds, or pays for an individual who causes substantial harm through the commission of any of those offenses. Provides that criminal damage to a critical infrastructure facility is a Class 3 felony (rather than a Class 1 felony). Provides exemptions. Makes other changes. House Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. Adds coal mines and any mining operation, including any processing equipment, batching operation, or support facility for that mining operation to the definition of "critical infrastructure facility". Provides that a business, corporation, or organization may be liable for conspiracy to commit criminal damage to a critical infrastructure facility, criminal trespass to a critical infrastructure facility, or aggravated criminal trespass to a critical infrastructure facility if the business, corporation, or organization intentionally sponsors, funds, or pays for an individual who causes substantial harm through the commission of any of those offenses. Provides that criminal damage to a critical infrastructure facility is a Class 3 felony (rather than a Class 1 felony). Provides exemptions. Makes other changes. Fiscal Note, House Committee Amendment No. 1 (Office of the Attorney General) The proposed legislation, HB 1633 (H-AM 1) would not have a significant fiscal impact on our Office as the new offenses established by this bill would primarily be handled by local county State's Attorney Offices. Fiscal impact: Minimal Judicial Note, House Committee Amendment No. 1 (Admin Office of the Illinois Courts) This legislation would neither increase nor decrease the number of judges needed in the State of Illinois. Fiscal Note, House Committee Amendment No. 1 (Illinois State Police) If House Bill 1633 (H-AM 1) were to become law, there would be no additional fiscal impact to the Illinois State Police. House Floor Amendment No. 3 Deletes reference to: 720 ILCS 5/8-2 Deletes language that provides that a business, corporation, or organization convicted of conspiracy to commit criminal damage to a critical infrastructure facility, criminal trespass to a critical infrastructure facility, or aggravated criminal trespass to a critical infrastructure facility shall, in addition to any other applicable penalty, be sentenced to a fine of not less than 10 times the minimum fine authorized for the offense. Deletes language that provides that a business, corporation, or organization may be liable for conspiracy to commit criminal damage to a critical infrastructure facility, criminal trespass to a critical infrastructure facility, or aggravated criminal trespass to a critical infrastructure facility if the business, corporation, or organization intentionally sponsors, funds, or pays for an individual who causes substantial harm through the commission of any of those offenses. Correctional Note, House Committee Amendment No. 1 (Dept of Corrections) The total impact of House Bill 1633, as amended, would result in an increase of 1 offender, with additional marginal costs of $96,200 over the first ten years after enactment. These calculations are based on limited accessible data and estimates may vary depending on how cases are prosecuted and plea bargained. Home Rule Note, House Committee Amendment No. 1 (Dept. of Commerce & Economic Opportunity) This bill does not pre-empt home rule authority.

Amends the Downstate Teachers and State Universities Articles of the Illinois Pension Code. Requires an employer to make an additional employer contribution for a participant whose earnings for any academic year used to determine the final rate of earnings exceed the amount of his or her earnings with the same employer for the previous academic year by more than 6% (instead of 3%). Makes conforming changes. Effective immediately.

Proposes to amend the Revenue Article of the Illinois Constitution. Removes a provision that provides that a tax on income shall be measured at a non-graduated rate. Provides that there may be one tax on the income of individuals and corporations (currently, there may be no more than one income tax imposed on individuals and one income tax imposed on corporations, and the rate of tax imposed upon corporations shall not exceed the rate imposed on individuals by more than a ratio of 8 to 5). Provides that the income tax may be a fair tax where lower rates apply to lower income levels and higher rates apply to higher income levels. Provides that no government other than the State may impose a tax on or measured by income. Effective upon being declared adopted. Senate Committee Amendment No. 1 Replaces everything after the resolved clause. Proposes to amend the Revenue Article of the Illinois Constitution. Removes a provision that provides that a tax on income shall be measured at a non-graduated rate. Provides that the General Assembly shall provide by law for the rate or rates of any tax on or measured by income imposed by the State. Provides that the highest rate imposed on corporations may not exceed the highest rate imposed on individuals by more than a ratio of 8 to 5. Effective upon being declared adopted.

Amends the Medical Assistance Article of the Illinois Public Aid Code. Removes language providing that Medicaid rates for supportive living facilities effective on July 1, 2018 must be equal to the rates in effect for supportive living facilities on June 30, 2018. Provides that the Medicaid rates for supportive living services on and after July 1, 2019 must be equal to 60% of the average total nursing facility services per diem for the geographic areas defined by the Department of Healthcare and Family Services. Provides that for supportive living facilities specializing in dementia care, the rate must be 72% instead of 60%. Requires the Medicaid rates for supportive living services to be updated whenever the total nursing facility service per diems are updated. Requires the Department to delink the per diem rate paid for supportive living facility services from the per diem rate paid for nursing facility services, effective for services provided on or after May 1, 2011 through June 30, 2019 (rather than effective for services provided on or after May 1, 2011). Effective immediately.

Urges the Illinois Senate and the Illinois House of Representatives to create a joint legislative cancer caucus, to be known as the Illinois Legislative Cancer Caucus, to provide a forum for discussing and evaluating public policies affecting cancer research, treatment, education, and prevention efforts.

Supports the accreditation of an additional NCI-designated cancer center in Illinois.