Rep. Marcus Evans

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.

Amends the Illinois Public Aid Code. In provisions concerning the Temporary Assistance for Needy Families program, provides that the child support collected on behalf of a family shall be passed through to the family and disregarded in determining the amount of the assistance grant provided to the family under the program (rather than the first $100 of child support collected on behalf of a family in a month for one child and the first $200 of child support collected on behalf of a family in a month for 2 or more children shall be passed through to the family and disregarded in determining the amount of the assistance grant provided to the family under the program). Provides that beginning October 1, 2022 (rather than October 1, 2018) the Department of Human Services shall increase TANF grant amounts in effect on September 30, 2022 (rather than September 30, 2018) to at least 50% (rather than 30%) of the most recent United States Department of Health and Human Services Federal Poverty Guidelines for each family size. Provides that beginning October 1, 2023 (rather than October 1, 2019), and each October 1 thereafter, the maximum benefit levels shall be annually adjusted to remain equal to at least 50% (rather than 30%) of the most recent poverty guidelines updated periodically in the Federal Register by the U.S. Department of Health and Human Services for each family size. Effective October 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 various Acts to make changes concerning references to noncitizen individuals. Effective immediately. House Floor Amendment No. 1 Adds reference to: 430 ILCS 65/1.1 from Ch. 38, par. 83-1.1 Makes further changes concerning references to noncitizen individuals.

Amends the State Finance Act. Provides that the State shall not expend or invest any public funds in any organization, nonprofit organization, religious organization, or any other entity that performs conversion therapy. Provides that any public funds owed by the State to an organization performing conversion therapy shall be withheld from such organization, and any contract between the State and that organization shall be void.

Amends the Illinois State Police Law of the Civil Administrative Code of Illinois. Provides that the Division of Criminal Investigation of the Illinois State Police shall conduct other investigations as provided by law, including, but not limited to, investigations of human trafficking, illegal drug trafficking, and illegal firearms trafficking. Provides that the Division of Criminal Investigation shall provide statewide coordination and strategy pertaining to firearm-related intelligence, firearms trafficking interdiction, and investigations. Amends the Firearm Owners Identification Card Act. Eliminates provisions that permit a person under 21 years of age who is not an active duty member of the United States Armed Forces or the Illinois National Guard to obtain a Firearm Owner's Identification Card with parental consent. Amends the Wildlife Code. Provides that when a person under 21 years of age is hunting under the supervision of a adult, the adult must possess a Firearm Owners Identification Card. Amends the Firearms Restraining Order Act. Provides that the State's Attorney of the county where the petition is filed may act as a friend of the court in any action filed under the Act. Provides that a petitioner may request a one-year (rather than 6-month) firearms restraining order. Amends the Criminal Code of 2012. Makes it unlawful to manufacture, deliver, sell, or purchase or cause to be manufactured, 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 the manufacture, delivery, sale, purchase, or possession of large capacity ammunition feeding devices. Defines terms. Provides exemptions and penalties. Makes other changes. Effective immediately.

Amends the Illinois Credit Union Act. In provisions concerning service to the economically disadvantaged, provides that members of a targeted population may be admitted to membership in a credit union. Provides that notice of a meeting of credit union members may be posted on the credit union's website. Provides that unless expressly prohibited by the articles of incorporation or bylaws, the board of directors may provide by resolution that members may attend, participate in, act in, and vote at any annual meeting or special meeting through the use of a conference telephone or interactive technology, subject to specified conditions. Sets forth provisions concerning appointment of associate directors. In provisions concerning compensation of officials, provides that if the Department of Financial and Professional Regulation determines the payment of director or committee member compensation creates a safety and soundness issue for a credit union, the Department may take an enforcement action to reduce or suspend the compensation. Provides that the board of directors shall hold regular meetings at least once each month; however, upon approval of an amendment to the bylaws of the credit union, the board of directors may hold meetings less frequently than once each month but at least once each quarter. Provides that a credit union shall select an annual reporting period, complete an external audit report, agreed-upon procedures report, and internal audit report, and deliver copies to the Secretary of Financial and Professional Regulation no later than 120 days after the end of the annual reporting period. In provisions concerning loan programs and provisions concerning investment of funds, allows a credit union to make loans to or invest in credit union service organizations in a total amount not exceeding the greater of 6% (rather than 3%) of specified amounts. Provides that a surviving credit union may identify the merging credit union as a division, branch, unit, or other descriptive reference. Provides that the network credit union board of directors shall require each advisory board member to sign a confidentiality or non-disclosure agreement. Defines "target market". Makes other changes. Senate Floor Amendment No. 1 Deletes reference to: 205 ILCS 305/16.1 205 ILCS 305/29 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Changes a reference from "agreed-upon procedures report" to "agreed-upon procedures engagement". Removes provisions concerning service to the economically disadvantaged and provisions concerning meetings of members of the board of directors of a credit union. Makes other changes. Effective immediately. House Floor Amendment No. 1 Deletes reference to: 205 ILCS 305/19 from Ch. 17, par. 4420 205 ILCS 305/20.5 new 205 ILCS 305/23 from Ch. 17, par. 4424 205 ILCS 305/34 from Ch. 17, par. 4435 205 ILCS 305/51 from Ch. 17, par. 4452 205 ILCS 305/57 from Ch. 17, par. 4458 205 ILCS 305/59 from Ch. 17, par. 4460 205 ILCS 305/64.7 Adds reference to: 760 ILCS 100/2 from Ch. 21, par. 64.2 760 ILCS 100/3 from Ch. 21, par. 64.3 760 ILCS 100/3.1 new 760 ILCS 100/4 from Ch. 21, par. 64.4 760 ILCS 100/4.1 new 760 ILCS 100/4.2 new 760 ILCS 100/5 from Ch. 21, par. 64.5 760 ILCS 100/14 from Ch. 21, par. 64.14 760 ILCS 100/15a from Ch. 21, par. 64.15a 760 ILCS 100/25 rep. Replaces everything after the enacting clause. Amends the Cemetery Care Act. Defines "average fair market value", "total return percentage", and "net income". Provides that a trustee may apply to the Comptroller to establish a master trust fund in which deposits are made. Allows a cemetery authority to take distributions from its fund either by distributing ordinary income or total return distribution. Requires an application for the implementation of the total return distribution method to be submitted to the Comptroller at least 120 days before the effective date of the election to receive total return distribution. Allows, where no receiver is available, a circuit court to order a willing local municipality, township, county, or city to take over the cemetery. Repeals a provision regarding the use of care funds. Makes other changes. House Floor Amendment No. 2 Adds an effective date of January 1, 2023. House Floor Amendment No. 3 Provides that the total return distribution shall not exceed 5% of the average fair market value of the fund assets in a given calendar year. Allows the Comptroller to take corrective measures if the average fair market value of the care fund declines by more than 30% during a rolling 5-year period. House Floor Amendment No. 4 Deletes reference to: 205 ILCS 305/16.1 205 ILCS 305/19 from Ch. 17, par. 4420 205 ILCS 305/20.5 new 205 ILCS 305/23 from Ch. 17, par. 4424 205 ILCS 305/29 from Ch. 17, par. 4430 205 ILCS 305/34 from Ch. 17, par. 4435 205 ILCS 305/51 from Ch. 17, par. 4452 205 ILCS 305/57 from Ch. 17, par. 4458 205 ILCS 305/59 from Ch. 17, par. 4460 205 ILCS 305/64.7 Adds reference to: New Act 5 ILCS 375/6.11 55 ILCS 5/5-1069.3 65 ILCS 5/10-4-2.3 105 ILCS 5/10-22.3f 215 ILCS 5/356z.4a 215 ILCS 5/356z.60 new 215 ILCS 125/5-3 from Ch. 111 1/2, par. 1411.2 215 ILCS 130/4003 from Ch. 73, par. 1504-3 215 ILCS 165/10 from Ch. 32, par. 604 305 ILCS 5/5-16.8 210 ILCS 170/5 225 ILCS 85/43 20 ILCS 2630/3.2 from Ch. 38, par. 206-3.2 740 ILCS 180/2.2 from Ch. 70, par. 2.2 750 ILCS 46/704 750 ILCS 46/709 775 ILCS 55/1-10 775 ILCS 55/1-20 775 ILCS 55/1-25 225 ILCS 60/22 from Ch. 111, par. 4400-22 225 ILCS 60/23 from Ch. 111, par. 4400-23 225 ILCS 65/65-65 was 225 ILCS 65/15-55 225 ILCS 65/70-5 was 225 ILCS 65/10-45 225 ILCS 95/21 from Ch. 111, par. 4621 225 ILCS 20/19 from Ch. 111, par. 6369 225 ILCS 85/30 from Ch. 111, par. 4150 225 ILCS 85/30.1 225 ILCS 135/95 225 ILCS 15/15 from Ch. 111, par. 5365 225 ILCS 55/85 from Ch. 111, par. 8351-85 225 ILCS 64/100 225 ILCS 107/80 225 ILCS 130/75 225 ILCS 60/2 from Ch. 111, par. 4400-2 225 ILCS 60/66 new 225 ILCS 65/65-11 new 225 ILCS 65/65-11.5 new 225 ILCS 95/4 from Ch. 111, par. 4604 225 ILCS 95/9.7 new 225 ILCS 95/21 from Ch. 111, par. 4621 225 ILCS 95/22.2 from Ch. 111, par. 4622.2 225 ILCS 95/22.3 from Ch. 111, par. 4622.3 225 ILCS 95/22.5 from Ch. 111, par. 4622.5 225 ILCS 95/22.6 from Ch. 111, par. 4622.6 225 ILCS 95/22.7 from Ch. 111, par. 4622.7 225 ILCS 95/22.8 from Ch. 111, par. 4622.8 225 ILCS 95/22.9 from Ch. 111, par. 4622.9 225 ILCS 95/22.10 from Ch. 111, par. 4622.10 5 ILCS 100/5-45.35 new 735 ILCS 35/3 735 ILCS 35/3.5 new 725 ILCS 220/2 from Ch. 38, par. 156-2 725 ILCS 225/6 from Ch. 60, par. 23 55 ILCS 5/3-4006 from Ch. 34, par. 3-4006 225 ILCS 60/22 from Ch. 111, par. 4400-22 225 ILCS 60/23 from Ch. 111, par. 4400-23 410 ILCS 210/1.5 Replaces everything after the enacting clause. Provides that the Act may be referred to as the Patient and Provider Protection Act. Creates the Public Higher Education Emergency Health Act. Requires each public institution of higher education to make emergency contraception available for purchase through at least one vending machine located on each campus. Amends the Illinois Insurance Code. Requires abortion care coverage to include medications prescribed for the purpose of producing an abortion. Requires health insurance to provide coverage for all abortifacients, gender-affirming health care medication, human immunodeficiency virus pre-exposure prophylaxis and post-exposure prophylaxis drugs. Amends the Birth Center Licensing Act. Changes the definition of "birth center". Defines "reproductive health care services". Amends the Pharmacy Practice Act. Allows a pharmacist to dispense hormonal contraceptives. Amends the Criminal Identification Act. Provides that nothing shall be construed to permit or require the reporting of lawful health care activity. Amends the Wrongful Death Act. Prohibits a cause of action against any person (rather than only a physician or a medical institution) for the wrongful death of a fetus caused by an abortion where the abortion was permitted by law and the requisite consent was lawfully given. Amends the Illinois Parentage Act of 2015. Provides that the terms of the most recent informed consent govern if the intended parent or parents no longer wish to use any remaining cryopreserved fertilized ovum. Amends the Reproductive Health Act. Includes assisted reproduction in the definition of "reproductive health care". Requires a lawsuit brought under the Act to be commenced within 2 years after the cause of action was discovered. Allows an advanced practice registered nurse or physician assistant to perform aspiration abortion procedures. Amends the Medical Practice Act of 1987, the Nurse Practice Act, the Physician Assistant Practice Act of 1987, the Clinical Social Work and Social Work Practice Act, the Pharmacy Practice Act, the Genetic Counselor Licensing Act, the Clinical Psychologist Licensing Act, the Marriage and Family Therapy Licensing Act, the Licensed Certified Professional Midwife Practice Act, the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act, and the Registered Surgical Assistant and Registered Surgical Technologist Title Protection Act. Provides that the Department of Financial and Professional Regulation shall not take action against a license or permit issued under those Acts based solely upon the license of the person being revoked or the person otherwise being disciplined by any other state or territory for actions related to any health care, medical service, or procedure if the revocation or disciplinary action was based solely on a violation of the other state's law prohibiting such action performed in any state for any person and such conduct is permissible under State law. Amends the Medical Practice Act of 1987, the Nurse Practice Act, and the Physician Assistant Practice Act. Allows the Department of Financial and Professional Regulation to issue temporary permits for reproductive health care to a person who is licensed to practice under Acts equivalent to those in another state. Creates the Lawful Health Care Activity Act. Provides that the laws of the State govern in any case or controversy heard in the State related to lawful health care activity. Amends the Uniform Interstate Depositions and Discovery Act. Contains provisions regarding unenforceable foreign subpoenas. Amends the Uniform Act to Secure the Attendance of Witnesses from Within or Without a State in Criminal Proceedings. Restricts a subpoena, summons, or order from being issued for a witness to provide information or testimony in relation to any proceeding if the charge is based on conduct that involves lawful health care activity that is not unlawful in the State. Amends the Uniform Criminal Extradition Act. Provides that the Governor shall not surrender a person if the charge is based on conduct that involves seeking, providing, receiving, assisting in seeking, providing, or receiving, providing material support for, or traveling to obtain lawful health care that is not unlawful under the laws of the State. Amends the Counties Code, the Medical Practice Act of 1987, and the Consent by Minors to Health Care Services Act to remove references to the Parental Notice of Abortion Act of 1983 and the Parental Notice of Abortion Act of 1995. Makes other and conforming changes to various Acts. Effective immediately, except that Article 2 is effective on January 1, 2024.

Amends the Unified Code of Corrections. Provides that menstrual hygiene products shall be available, as needed, free of charge, at all institutions and facilities of the Department of Corrections for all committed persons and employees of the Department who menstruate. House Committee Amendment No. 1 Provides that in all institutions and facilities of the Department of Corrections underwear shall be provided to each committed person free of charge and shall be provided at any time upon request, including multiple requests, of the committed person or as needed by the committed person. Deletes provision that free menstrual hygiene products shall be provided to employees of the Department of Corrections.

Mourns the death of Bessie Mae Luckett.