Rep. Barbara Hernandez

Amends the Downstate Teacher Article of the Illinois Pension Code. Provides that a person who first becomes a member on or after January 1, 2023 shall have 3% of his or her pre-tax compensation contributed to a plan that is eligible under Section 457(b) of the Internal Revenue Code of 1986 offered by a vendor approved by his or her employer. Provides that to satisfy this requirement, the defined contribution benefit offered by the System may be adopted by the employer at the discretion of the employer. Makes a conforming change. Amends the State Mandates Act to require implementation without reimbursement by the State. Effective immediately.

Amends the Property Tax Extension Limitation Law in the Property Tax Code. Provides that, for the 2022 and 2023 levy year, the term "taxing district" means all taxing districts in the State, including home rule units, but does not include a taxing district with a population of less than 25,000, unless that taxing district was subject to the Property Tax Extension Limitation Law on the effective date of the amendatory Act or was made subject to the Law by referendum. Provides that, for the 2022 and 2023 levy year, the extension limitation is 0% or the rate of increase approved by the voters. Limits home rule powers. Effective immediately.

Amends the State Parks Act to require the Department of Natural Resources to make menstrual hygiene products available, at no cost to the public, in each restroom facility that is situated within a State park and under the jurisdiction and control of the Department of Natural Resources. Defines "menstrual hygiene products" and "restroom facility". Effective immediately.

Creates the Securing All Futures for Equitable Reinvestment in Communities Act. Provides legislative intent. Creates the Securing All Futures for Equitable Reinvestment Tax Credit Pilot Program Act. Provides that an applicant that hires certain formerly incarcerated individuals during the incentive period may apply for a tax credit against the applicant's withholding tax liability. Provides that the savings from the changes made to the Unified Code of Corrections shall be deposited into the Securing All Futures for Equitable Reinvestment (SAFER) Communities Fund for the purpose of funding the program. Amends the Unified Code of Corrections to reduce the sentencing ranges for all classes of felonies, and to remove minimum sentences for Class 4 felonies and Class A and Class B misdemeanors. Provides that the provisions of the Act apply to offenses committed before the effective date of this Act, and to offenses committed on or after the effective date of this amendatory Act. Provides for resentencing of currently incarcerated persons based on these changes. Effective immediately. Fiscal Note (Dept. of Revenue) Although the bill limits the credit to $1.5 billion over its 6-year life, the Department is unable to provide a fiscal impact estimate for House Bill 3215 because the legislation, as introduced, contains multiple drafting ambiguities, errors, and incomplete definitions. For example, the bill defines "participant" to mean, in part, a full-time employee who was formerly incarcerated between January 1, 2009 and December 31, 2019. The bill, however, provides later that the credit is limited to 10,000 participants "newly released" from prison and 10,000 participants that were released between January 1, 2009 and December 31, 2019. Additionally, the bill provides the credit amount awarded is to be between $10,000 and $15,000 each year per participant hired. The bill further provides a list of criteria to be considered in determining the amount of the credit, but no guidance is provided as to how that list of criteria computes to a given credit amount. These problems, among others in the bill as introduced, prevent the Department from making adequately precise determinations of who qualifies for the credit and of how to calculate the credit.

Amends the Criminal Identification Act. Provides that a petitioner may petition the circuit court to expunge the records of his or her arrests and charges not initiated by arrest when each arrest or charge not initiated by arrest sought to be expunged resulted in: (1) an order of misdemeanor diversion under the Unified Code of Corrections, and the diversion program was successfully completed by the petitioner; or (2) a conviction for possession of certain specified amounts of a controlled substance; (3) a conviction for possessing less than 5 grams of methamphetamine; or (4) a conviction where the statutory penalty changed as a result of a resentencing hearing under the Code of Criminal Procedure of 1963. Amends the Illinois Controlled Substances Act. Changes the penalties for the manufacture, delivery, or possession with intent to manufacture or deliver, or possession of a controlled substance. Amends the Methamphetamine Control and Community Protection Act. Changes the penalties for methamphetamine delivery or possession. Amends the Code of Criminal Procedure of 1963. Provides that a person serving a sentence, including a sentence of probation, for an offense for which the statutory penalty has been subsequently reduced under the amendatory Act to petition the trial court that entered the judgment of conviction to request resentencing in accordance with the statutory penalty in effect at the time of the filing of the petition. Amends the Unified Code of Corrections to create a Misdemeanor Diversion Program. Fiscal Note (Admin Office of the Illinois Courts) HB3447 amends the Criminal Identification Act regarding expungements. Based on a review of the bill, it has been determined that the proposed legislation would have no fiscal impact on the state appropriation to the judicial branch. It is not possible to determine what fiscal impact, if any, the bill would have on local judicial budgets.

Amends the Counties Code. Provides that fees for a coroner's or medical examiner's permit to cremate a human body is $100 (rather than $50). Provides that fees for a certified copy of a transcript of sworn testimony of a coroner's inquest made by written request declaring the request is for research or genealogy purposes is $15.00 for the entire transcript. Provides that a request shall be deemed a proper request for purpose of research or genealogy if the requested inquest occurred not less than 20 years prior to the date of the written request and that the transcript shall be stamped with the words "FOR GENEALOGY OR RESEARCH PURPOSES ONLY". Provides that a coroner may waive, at his or her discretion, fees under the Section (currently, only the cremation permit fee) if the coroner determines that the person is indigent and unable to pay the permit fee or under other special circumstances as determined by the coroner. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill but removes provisions regarding fees for a coroner's inquest transcript requested for research or genealogy purposes and the waiver of those fees. Effective July 1, 2023.

Provides that the Act may be referred to as the Second Chance State Contracts Act. Amends the Illinois Procurement Code. Creates the Second Chance State Contracts Apprenticeship and Preapprenticeship Program Article. Provides public works contracts hiring requirements. Provides for waivers from public works contracts hiring requirements. Provides for the issuance of certificates of arrest or conviction. Provides reporting and funding provisions concerning public works contracts hiring requirements and apprenticeship programs. Provides for standing to enforce the requirements of the Article. Requires that inmates whose labor is used in the remodeling or rehabilitation of correctional facilities be paid the prevailing wage for work of a similar character. Repeals provisions prohibiting convicted felons from specified activities under the Code. Amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Defines "person with a disability" for purposes of the Act to include a person who is a citizen or lawful permanent resident of the United States and a resident of the State of Illinois who has been arrested for committing a felony or convicted of a felony by any court of competent jurisdiction sitting in the United States or any territory of the United States. Defines other terms. Makes conforming changes. Effective immediately.

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". Requires that, beginning with the 2022-2023 academic year, all documents and forms, including applications for admission, issued by a public institution of higher education offer a student the option to select "non-binary" if the document or form asks the student to identify the student's gender or biological sex. Effective immediately. House Floor Amendment No. 2 Changes the starting date for non-binary options to be included on documents and forms from the 2022-2023 academic year to the 2023-2024 academic year. Pension Note, House Floor Amendment No. 2 (Government Forecasting & Accountability) HB 4265, as amended by HA 2, will not impact any public pension fund or retirement system in Illinois. State Debt Impact Note, House Floor Amendment No. 2 (Government Forecasting & Accountability) HB 4265, as amended by House Amendment 2, would not change the amount of authorization for any type of State-issued bond, and, therefore, would not affect the level of State indebtedness. Balanced Budget Note, House Floor Amendment No. 2 (Office of Management and Budget) Please be advised that the Balanced Budget Note Act does not apply to HB 4265 (H-AM1) 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 yeai· in which the new bill is enacted. 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 (Northeastern Illinois University) House Bill 4265 (H-AM 2) would require up to120 hours of staff time to identify, redesign update and replace electronic and paper forms that request this information, and would require replacement and reprinting of form made obsolete due to this change.The total one-time cost of compliance would be up to $10,000. Fiscal Note, House Floor Amendment No. 2 (Illinois State University) As required by House Bill 4265, HA-2, the application for admission to Illinois State University currently contains a non-binary gender choice; therefore, it is expected that the fiscal impact on the University will be nominal. Fiscal Note, House Floor Amendment No. 2 (Western Illinois University) House Bill 4265, as amended by House Amendment 2, will have nominal costs for Western Illinois University due to programming costs of electronic documents and update and replacement of certain paper forms. Fiscal Note, House Floor Amendment No. 2 (Governors State University) Governors State University estimates that compliance with this proposed amendment would cost approximately $10,000 to identify, redesign, update and replace electronic and paper forms that request this information, and would require replacement and reprinting of forms made obsolete due to this change. estimates that compliance with this proposed amendment would cost approximately $10,000 to identify, redesign, update and replace electronic and paper forms that request this information, and would require replacement and reprinting of forms made obsolete due to this change. Fiscal Note, House Floor Amendment No. 2 (Eastern Illinois University) The total cost is estimated to be between (100 hours x $50,00 per hour) $5,000.00 and (250 hours x $50.00 per hour) $12,500.00 depending on the amount of work required. Fiscal Note, House Floor Amendment No. 2 (Southern Illinois University) Compliance with HB 4265 (H-AM-2) would require staff time to identify, redesign and update web-based and paper-based forms and reports. As these would all be internally made changes, we estimate those costs to be nominal. Fiscal Note, House Floor Amendment No. 2 (University of Illinois) Compliance with HB 4265 (H-AM 2) would cost the University of Illinois System approximately $10,000 to add gender neutral responses to student documents currently in use across the U of I System. This will cover the costs to reprogram the existing electronic student record systems. Additional expenses for paper copies, etc. are considered negligible.

Amends the School Code. Provides for dyslexia screening guidelines and rules. Requires the State Board of Education to employ at least 5 dyslexia specialists or dyslexia therapists with a minimum of 5 years of field experience in screening, identifying, and treating dyslexia and related disorders to provide technical assistance and training. Provides that, beginning with the 2022-2023 school year, each school district must screen students in grades kindergarten through second (and in higher grades under certain circumstances) for the risk factors of dyslexia using a universal screener approved by the State Board. Sets forth what the screening must include. Provides for additional screening for a student who is determined to be at risk, or at some risk, for dyslexia to determine if a student has the characteristics of dyslexia. Requires the use of a multi-tiered system of support framework if screening indicates that a student has some risk factors for dyslexia or has the characteristics of dyslexia. Sets forth provisions concerning exceptions to screening, dyslexia intervention services, and reporting. Effective July 1, 2022.

Amends the Illinois Insurance Code. Provides that an individual or group policy of accident and health insurance or managed care plan that is amended, delivered, issued, or renewed on or after the effective date of the amendatory Act shall provide coverage for aesthetic services and restorative care provided for the treatment of physical injuries to victims of domestic violence when medically necessary as determined by a physician licensed to practice medicine in all its branches. Defines "domestic violence". Makes a conforming change in the Medical Assistance Article of the Illinois Public Aid Code.