Rep. Maurice West

Amends the Courses of Study Article of the School Code. Requires the State Board of Education to develop a curriculum relating to the Native American experience for students in kindergarten through grade 12. Provides for the State Board of Education to consult Native American tribes and individuals in developing the curriculum. Requires the implementation of the Native American curriculum starting in the 2023-2024 school year. Requires the State Board of Education to report progress of developing the curriculum to the General Assembly. Effective immediately.

Amends the School Visitation Rights Act. Provides that an employer that terminates an employee for absences to attend school conferences is liable in a civil action for damages resulting to the employee. Imposes upon the employer the burden of proof to demonstrate that termination is not related to an employee's absence for attendance at a school conference, behavioral meeting, or academic meeting. Effective August 1, 2021.

Amends the Department of Employment Security Law and the Unemployment Insurance Act. Provides that the Department of Employment Security may not use a person's social security number in the Department's correspondence. Requires the Department to develop a system of identifying information to be used instead of social security numbers.

Amends the Wildlife Code. Provides that the Department of Natural Resources shall encourage the owners of structures to eliminate nonflashing (steady burning) L-810 lights by January 1, 2024. Provides that the owners of structures constructed on or after March 1, 2022 that are located within migratory flyways, or in ecologically sensitive areas, or are within one mile of a forest preserve or federal or State park or wildlife area shall turn off all lights not required for safety or maintenance between 12:00 a.m. through 7:00 a.m. during migratory seasons. Provides the Department of Natural Resources with rulemaking authority. Effective immediately. House Floor Amendment No. 1 Adds reference to: New Act Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Creates the Bird Conservation Commission Act. Creates the Bird Conservation Commission for the purpose of promoting bird conservation and providing education and awareness on issues concerning bird conservation. Adds provisions concerning the membership, duties, powers, and reporting requirements of the Commission. In provisions amending the Wildlife Code, provides that the owners of structures with a height over 50 feet above ground level constructed on or after March 1, 2022 that are located in ecologically sensitive areas, or are within one-half mile of a forest preserve or federal or State park or wildlife area shall turn off all lights not required for safety or maintenance between 11:00 p.m. and 7:00 a.m. during migratory seasons (instead of requiring owners of structures constructed on or after March 1, 2022 that are located within migratory flyways, or in ecologically sensitive areas, or are within one mile of a forest preserve or federal or State park or Wildlife area to turn off all lights not required for safety or maintenance between 12:00 a.m. through 7:00 a.m. during migratory seasons). Effective immediately.

Amends the Criminal Code of 2012. Provides that a prosecution for perjury may be commenced within 5 years of the last act committed in furtherance of the crime (rather than 3 years after the commission of the act).

Amends the Interscholastic Athletic Organization Act. Provides that an association or other entity that has, as one of its purposes, promoting, sponsoring, regulating, or in any manner providing for interscholastic athletics or any form of athletic competition among schools and students within this State shall prohibit a member school from using a Native American logo or mascot or any other Native American imagery unless the school (1) has received the express written consent of a Native American tribe based within 500 miles of the school, which consent must be renewed every 5 years; (2) conducts a school-wide program on Native American culture at least twice per school year; (3) offers a course of study to its students outlining Native American contributions to society; and (4) files an annual report with the State Board of Education detailing what academic programs on Native Americans it has offered during the school year. Provides that the association or other entity shall investigate any failure to comply with this prohibition and the penalty for noncompliance shall be ineligibility to participate in any playoffs.

Amends the Illinois Income Tax Act. Creates the following credits for taxpayers who manufacture electric vehicles, batteries for electric vehicles, or both: (1) a credit for capital expenditures for electric vehicle facilities or electric vehicle battery facilities; (2) a credit for educational or vocational training; and (3) a credit for qualified utility payments. Creates a credit for certain automobile manufacturers in an amount equal to 75% of withholding payments for new employees. Effective immediately.

Amends the Illinois Act on the Aging, the Rehabilitation of Persons with Disabilities Act, and the Illinois Public Aid Code. Provides that individuals with a score of 29 or higher based on the determination of need (DON) assessment tool shall be eligible to receive services through the Community Care Program, services to prevent unnecessary or premature institutionalization, and services through the program of supportive living facilities. Further amends the Illinois Public Aid Code. Provides that on and after July 1, 2023, level of care eligibility criteria for home and community-based services for medically fragile and technology dependent children shall be no more restrictive than the level of care criteria in place on January 1, 2021. Requires the Department of Healthcare and Family Services to execute, relative to the nursing home prescreening project, written agreements with the Department of Human Services and the Department on Aging to effect, on and after July 1, 2023, an increase in the DON score threshold to 37 for applicants for institutional long term care, subject to federal approval. Provides that on and after July 1, 2023 but before July 1, 2025, continuation of a nursing facility stay that began on or before June 30, 2023 by a person with a DON score between 29 and 36 may be covered when such stay would be otherwise eligible under this Code, provided the nursing facility performs certain actions. Requires the Department to, by rule, set a maximum total number of individuals to be covered and other limits on utilization that it deems appropriate. Effective July 1, 2023.

Amends the Unified Code of Corrections. Provides that except for certain convictions for first degree murder, the court may, in its discretion, sentence a defendant who was under 18 years of age at the time of the commission of the offense to a sentence that is less than the applicable minimum determinate sentence of imprisonment for the offense authorized by the Code.

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.