Rep. Anthony DeLuca

Amends the Illinois Income Tax Act. Provides that a partnership or Subchapter S corporation may elect to pay a tax computed by multiplying the share of business income apportionable to Illinois and nonbusiness income allocated to Illinois that is distributable to each partner or shareholder and multiplied by the applicable rates of tax for that partner or shareholder. Creates a deduction in an amount equal to those amounts. Effective immediately. Senate Committee Amendment No. 1 Adds reference to: 35 ILCS 5/502 from Ch. 120, par. 5-502 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. Provides that the tax imposed under the introduced bill applies for taxable years beginning on or after January 1, 2021. Provides that certain nonresident individuals with no Illinois income tax liability after taking into account the deductions in the amendatory Act are not required to file returns. Makes various technical corrections concerning pass-through entities. Effective immediately. Senate Floor Amendment No. 2 Deletes reference to: 35 ILCS 5/203 from Ch. 120, par. 2-203 35 ILCS 5/502 from Ch. 120, par. 5-502 35 ILCS 5/601 from Ch. 120, par. 6-601 35 ILCS 5/709.5 35 ILCS 5/1501 from Ch. 120, par. 15-1501 Replaces everything after the enacting clause. Reinserts provisions of the introduced bill creating an entity-level tax, but makes certain formatting changes. Provides that the entity-level tax applies for taxable years ending on or after December 31, 2021 and beginning prior to January 1, 2026. Provides that the entity-level tax shall be in an amount equal to 4.95% of the taxpayer's net income for the taxable year. Defines "net income". Provides that a partnership or Subchapter S corporation that elects to pay tax at the entity level is required to pay estimated tax if the amount payable as estimated tax can reasonably be expected to exceed $500. Effective immediately. House Committee Amendment No. 1 Adds reference to: 35 ILCS 5/203 from Ch. 120, par. 2-203 35 ILCS 5/901 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with changes. Provides that provisions concerning pass-through entities apply only with respect to taxable years for which a specified limitation on individual deductions applies under the Internal Revenue Code. Adds a corresponding addition modification. Makes a conforming change with respect to the Local Government Distributive Fund. Effective immediately.

Amends the Unified Code of Corrections. Provides that the Department of Corrections shall not make possession of a Firearm Owner's Identification Card a condition of continued employment as a correctional officer if the correctional officer's Firearm Owner's Identification Card is revoked or seized because the correctional officer has been a patient of a mental health facility and the correctional officer has not been determined to pose a clear and present danger to himself, herself, or others as determined by a physician, clinical psychologist, or qualified examiner. Provides that nothing in the new provisions shall otherwise impair the Department's ability to determine a correctional officer's fitness for duty. Provides that a collective bargaining agreement already in effect on this issue on the effective date of the amendatory Act cannot be modified, but on or after the effective date of the amendatory Act, the Department cannot require a Firearm Owner's Identification Card as a condition of continued employment in a collective bargaining agreement. Provides that the Department shall document if and why a correctional officer has been determined to pose a clear and present danger. Defines "mental health facility" and "qualified examiner". House Committee Amendment No. 1 Adds reference to: 430 ILCS 65/8 from Ch. 38, par. 83-8 430 ILCS 65/10 from Ch. 38, par. 83-10 Replaces everything after the enacting clause. Amends the Firearm Owners Identification Card Act. In a provision concerning relief from firearm prohibitions, provides that Department of Corrections employees authorized to possess firearms (in addition to active law enforcement officers) may apply to the Director of State Police requesting relief if certain conditions are met. Makes conforming changes to a provision concerning grounds for denial and revocation. Amends the Unified Code of Corrections. Provides that the Department of Corrections shall not make possession of a Firearm Owner's Identification Card a condition of continued employment as a Department employee authorized to possess firearms if the employee's Firearm Owner's Identification Card is revoked or seized because the employee has been a patient of a mental health facility and the employee has not been determined to pose a clear and present danger to himself, herself, or others as determined by a physician, clinical psychologist, or qualified examiner. Provides that nothing in the new provisions shall otherwise impair the Department's ability to determine an employee's fitness for duty. Provides that a collective bargaining agreement already in effect on this issue on the effective date of the amendatory Act cannot be modified, but on or after the effective date of the amendatory Act, the Department cannot require a Firearm Owner's Identification Card as a condition of continued employment in a collective bargaining agreement. Provides that the Department shall document if and why an employee has been determined to pose a clear and present danger. Defines "mental health facility" and "qualified examiner".

Creates the Pembroke Township Natural Gas Investment Pilot Program Act. Directs the Department of Commerce and Economic Opportunity to create a pilot program for the distribution of grants for the construction of new natural gas pipelines and infrastructure in Pembroke Township. Requires applicants for grants to demonstrate that the grants will result in the construction of a new natural gas pipeline to provide natural gas to the residents of the township. Provides that the Department shall report annually to the Governor and General Assembly beginning in 2022 regarding cost estimates for the Pilot Program, recommendations for improvement to the Pilot Program, and a recommendation as to whether the Pilot Program should be continued. Amends the State Finance Act to create the Pembroke Township Natural Gas Investment Pilot Program Fund as a special fund in the State treasury. Amends the Public Utilities Act. Provides that a gas public utility may apply for a certificate of public convenience and necessity to increase its gas service territory and extend its gas distribution system to serve a designated hardship area. Provides that the Illinois Commerce Commission shall, after notice and hearing, grant a certificate of public convenience and necessity if, based upon the application filed with the Commission and the evidentiary record, the Commission finds that specified criteria are satisfied. Makes other changes. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: Replaces provisions concerning the Pembroke Township Natural Gas Investment Pilot Program with language providing that the Department of Commerce and Economic Opportunity shall create the Pembroke Township Natural Gas Investment Pilot Program for a duration of 5 years. Provides that the Department shall distribute grants, subject to appropriation, from moneys in the Pembroke Township Natural Gas Investment Fund for the conversion of appliances to be compatible with natural gas. Provides that the Department shall adopt rules for the administration of the Program. Provides that, at a minimum, the rules shall require that the applicant for the grants demonstrate that the grants will result in the conversion of necessary equipment to have the ability to utilize natural gas. Provides that the rules shall allow for conversion grants awarded to residents of Pembroke Township and to Pembroke Township to provide assistance for the use of natural gas and shall ensure that the applicant complies with all other requirements of the rules. In provisions amending the Public Utilities Act, makes changes concerning what a gas public utility applying for a certificate of public convenience and necessity shall include in the application and the criteria the Illinois Commerce Commission shall consider in granting the certificate. Effective immediately.

Amends the Illinois Public Labor Relations Act. Provides that the showing of interest in support of a petition filed for the purpose of selecting a labor organization as the representative of the employees in a bargaining unit may be evidenced by electronic communications, and such writing or communication may be evidenced by the electronic signature of the employees. Provides that the showing of interest shall be valid only if signed within 12 months prior to the filing of the petition. Provides that a secret ballot election held for the purpose of selecting a labor organization as the representative of the employees in a bargaining unit may be conducted electronically, using an electronic voting system, in addition to paper ballot voting systems. Provides that it shall be an unfair labor practice for an employer to promise, threaten, or take any action because of an employee's specified participation in a strike. House Floor Amendment No. 1 Adds reference to: 115 ILCS 5/7 from Ch. 48, par. 1707 115 ILCS 5/8 from Ch. 48, par. 1708 115 ILCS 5/14 from Ch. 48, par. 1714 Amends the Illinois Educational Labor Relations Act. With respect to the recognition of exclusive bargaining representatives, provides that the showing of interest in support of certain petitions may be evidenced by electronic communications and such writing or communication may be evidenced by the electronic signature of an employee as provided under the Electronic Commerce Security Act. Provides that the showing of interest shall be valid only if signed within 12 months prior to the filing of the petition. In provisions regarding elections, provides that a secret ballot election may be conducted electronically, using an electronic voting system, in addition to paper ballot voting systems. Adds as an unfair labor practice promising, threatening, or taking any action (i) to permanently replace an employee who participates in a strike, (ii) to discriminate against an employee who is working or has unconditionally offered to return to work for the employer because the employee supported or participated in such as a strike, or (iii) to lockout, suspend, or otherwise withhold from employment employees in order to influence the position of such employees or the representative of such employees in collective bargaining prior to a strike. Senate Committee Amendment No. 1 Specifies that it shall be an unfair labor practice for public employers and educational employers to promise, threaten, or take specified actions against their employees concerning a lawful strike. Effective immediately.

Amends the Criminal Code of 2012. Provides that a person commits burglary when without authority he or she knowingly enters or without authority remains within a freight container with intent to commit therein a felony or theft. Provides that burglary committed in, and without causing damage to a freight container or any part thereof is a Class 3 felony. Provides that a burglary committed while causing damage to a freight container or any part thereof is a Class 2 felony.

Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Provides that a qualifying Illinois data center is a place, among other criteria, that within 2 years (rather than 90 days) after being placed in service, certifies that it is carbon neutral or has attained other specified certification. Amends the Brownfields Redevelopment and Intermodal Promotion Act. Extends the use of the South Suburban Brownfields Redevelopment Fund. Amends the New Markets Development Program Act. Modifies provisions concerning certification of qualified equity investments and allocation thereof. Provides further rulemaking requirements. Provides that for fiscal years following fiscal year 2026 (rather than 2021), qualified equity investments under the Act shall not be made unless reauthorization is made. Makes other changes. Effective immediately. House Floor Amendment No. 3 Deletes reference to: 20 ILCS 663/25 20 ILCS 663/45 20 ILCS 663/50 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. Extends the use of the South Suburban Brownfields Redevelopment Fund to 2026 (rather than 2031). Removes changes made to the New Markets Development Program Act concerning qualified equity investments and examination and rulemaking requirements. Makes conforming 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. House 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.

Amends the Local Mass Transit District Act. Provides that, on January 1, 2022, the Chicago South Suburban Mass Transit District is discontinued. Includes procedures for discontinuance, including transfer of: all funds remaining after winding up the District to specified municipalities that created the District; and parking lots and related facilities and equipment to the municipality in which the parking lot is located. Effective January 1, 2022.

Amends the Illinois Vehicle Code. Allows the Secretary of State to provide a disabilities motor decal or device to an expectant mother during her third trimester. Provides that a decal or device provided to an expectant mother shall be valid for no more than 90 days, and shall clearly set forth the date that the decal or device expires. Provides that a decal or device shall be issued only upon a showing by adequate documentation that the expectant mother has entered her third trimester.

Amends the Illinois Controlled Substances Act. Provides that, notwithstanding any other provision of law, a prescription for a substance in Schedule II, III, IV, or V must be sent electronically, in accordance with provisions regarding the Prescription Monitoring Program. Effective immediately. House Floor Amendment No. 1 Deletes reference to: 720 ILCS 570/401.3 new Adds reference to: 720 ILCS 570/311.6 new Replaces everything after the enacting clause. Amends the Illinois Controlled Substances Act. Provides that notwithstanding any other provision of law, a prescription for a substance classified in Schedule II, III, IV, or V must be sent electronically. Provides that notwithstanding any other provision of law, a prescriber shall not be required to issue prescriptions electronically if he or she certifies to the Department of Financial and Professional Regulation that he or she will not issue more than 25 prescriptions during a 12-month period. Prescriptions in both oral and written form for controlled substances shall be included in determining whether the prescriber will reach the limit of 25 prescriptions. Provides that the Department of Financial and Professional Regulation shall adopt rules for the administration of these provisions. Provides that these rules shall provide for the implementation of any such exemption to the requirements under these provisions that the Department of Financial and Professional Regulation may deem appropriate, including the exemption limiting a prescriber from issuing more than 25 prescriptions during a 12-month period. Effective January 1, 2023.