Rep. Anna Moeller

Amends the Mental Health and Developmental Disabilities Code. Provides that as soon as possible but not later than 24 hours, excluding Saturdays, Sundays and holidays, after emergency admission of a respondent to a mental health facility on an inpatient basis, the respondent shall be personally examined (rather than examined) by a psychiatrist. Provides that for the purpose of this provision, a personal examination includes an examination performed in real time (synchronous examination) via an Interactive Telecommunication System as defined in the Illinois Administrative Code. Senate Floor Amendment No. 1 Provides that an examination via an Interactive Telecommunication System may only be used for certification that the respondent is subject to involuntary admission when a psychiatrist is not on-site within the time period set forth in the Code. Provides that if the examination is performed via an Interactive Communication System, that fact shall be noted on the certificate. House Floor Amendment No. 1 Deletes reference to: 405 ILCS 5/3-610 Adds reference to: New Act 210 ILCS 5/6.1 rep. 410 ILCS 70/9 rep. 720 ILCS 510/Act rep. 720 ILCS 513/Act rep. 735 ILCS 5/11-107.1 rep. 745 ILCS 30/Act rep. 5 ILCS 375/6.11 20 ILCS 505/5 from Ch. 23, par. 5005 5 ILCS 140/7.5 55 ILCS 5/3-3013 from Ch. 34, par. 3-3013 210 ILCS 5/2 from Ch. 111 1/2, par. 157-8.2 210 ILCS 5/3 from Ch. 111 1/2, par. 157-8.3 215 ILCS 5/356z.4 215 ILCS 5/356z.4a new 215 ILCS 125/5-3 from Ch. 111 1/2, par. 1411.2 215 ILCS 165/10 from Ch. 32, par. 604 225 ILCS 60/22 from Ch. 111, par. 4400-22 225 ILCS 60/36 from Ch. 111, par. 4400-36 225 ILCS 65/65-35 was 225 ILCS 65/15-15 225 ILCS 65/65-43 225 ILCS 95/7.5 410 ILCS 535/1 from Ch. 111 1/2, par. 73-1 415 ILCS 5/56.1 from Ch. 111 1/2, par. 1056.1 720 ILCS 5/9-1.2 from Ch. 38, par. 9-1.2 720 ILCS 5/9-2.1 from Ch. 38, par. 9-2.1 720 ILCS 5/9-3.2 from Ch. 38, par. 9-3.2 720 ILCS 5/12-3.1 from Ch. 38, par. 12-3.1 735 ILCS 5/8-802 from Ch. 110, par. 8-802 745 ILCS 70/3 from Ch. 111 1/2, par. 5303 750 ILCS 65/15 from Ch. 40, par. 1015 Replaces everything after the enacting clause. Creates the Reproductive Health Act. Provides that every individual has a fundamental right to make autonomous decisions about one's own reproductive health. Provides that every individual who becomes pregnant has a fundamental right to continue the pregnancy and give birth or to have an abortion, and to make autonomous decisions about how to exercise that right. Provides that a fertilized egg, embryo, or fetus does not have independent rights under the law, of this State. Provides prohibited State actions. Provides that a party aggrieved by a violation of the Act may bring a civil lawsuit. Provides that a health care professional shall report each abortion performed to the Department of Public Health. Limits home rule powers. Repeals provisions regarding abortion in the Ambulatory Surgical Treatment Center Act, the Sexual Assault Survivors Emergency Treatment Act, and the Injunction Article of the Code of Civil Procedure. Repeals the Illinois Abortion Law of 1975, the Partial-birth Abortion Ban Act, and the Abortion Performance Refusal Act. Makes corresponding changes in the Children and Family Services Act, the Counties Code, the Medical Practice Act of 1987, the Physician Assistant Practice Act of 1987, the Vital Records Act, the Criminal Code of 2012, the Health Care Right of Conscience Act, and the Rights of Married Persons Act. Amends the Freedom of Information Act. Provides that information and records held by the Department collected under the Reproductive Health Act is exempt from inspection and copying. Amends the Ambulatory Surgical Treatment Center Act. Provides that that term "ambulatory surgical treatment center" does not include any facility in which the performance of abortion procedures is limited to those performed without general, epidural, or spinal anesthesia. Amends the Illinois Insurance Code. Provides insurance requirements for the coverage of abortion. Makes corresponding changes in the State Employees Group Insurance Act, the Health Maintenance Organization Act, and the Voluntary Health Services Plans Act. Amends the Nurse Practice Act. Provides that operative surgery does not include abortions performed without general, epidural, or spinal anesthesia, and other gynecological procedures related to abortions. Amends the Environmental Protection Act. Provides that tissue and products from an abortion or miscarriage may be buried, entombed, or cremated. Effective immediately. Balanced Budget Note, House Floor Amendment No. 1 (Office of Management and Budget) 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. Land Conveyance Appraisal Note, House Floor Amendment No. 1 (Dept. of Transportation) No land conveyances are included in this bill; therefore, there are no appraisals to be filed. Fiscal Note, House Floor Amendment No. 1 (IL Environmental Protection Agency) This legislation will have no fiscal impact on the Illinois Environmental Protection Agency. Correctional Note, House Floor Amendment No. 1 (Dept of Corrections) There is no fiscal or population impact on the Department of Corrections. Pension Note, House Floor Amendment No. 1 (Government Forecasting & Accountability) SB 25, as amended by HA 1 will not impact any public pension fund or retirement system in Illinois. State Debt Impact Note, House Floor Amendment No. 1 (Government Forecasting & Accountability) SB 25, as amended by House Amendment 1, 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. Fiscal Note, House Floor Amendment No. 1 (Department of Insurance) This legislation has no projected fiscal impact on the Illinois Department of Insurance. Judicial 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.

Declares May 2019 as "Save Your Tooth Month".

Designates the US 20 bridge over Illinois Route 31 as the Sergeant Marcos Leonardo Gudino Memorial Bridge.

Urges the Illinois Department of Transportation to take certain steps to advance implementation of the State's Complete Streets Law and 2012 bicycle plan.

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".

Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, the Cigarette Tax Act, the Cigarette Use Tax Act, the Hotel Operators' Occupation Tax Act, the Motor Fuel Tax Law, the Telecommunications Excise Tax Act, and the Liquor Control Act of 1934. Provides that the vendor discount amount under those Acts shall be 1.75%. Provides that the vendor discount may not exceed $1,000 per vendor in any calendar year. Effective immediately.

Declares April 2019 as "Elgin Earth Month".

Urges the U.S. Congress to pass legislation that provides the right to visas for the undocumented parents of U.S. citizen children or DACA eligible children and TPS recipient parents with U.S. citizen children or children brought here before the age of sixteen which allows them and their children to stay and work legally in this country to provide for the economic, physical, and spiritual security and development of those children. Urges the U.S. Congress to pass a clean DACA bill that gives eligible recipients immediate security and a road to citizenship.

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.

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.