Rep. Anthony DeLuca

Amends the Electric Service Customer Choice and Rate Relief Law of 1997 of the Public Utilities Act. In provisions concerning infrastructure investment and modernization: Provides that beginning in 2022, a participating utility other than a combination utility shall pay $10,000,000 per year for 5 years and a participating utility that is a combination utility shall pay $1,000,000 per year for 10 years to the energy low-income and support program, which is intended to fund customer assistance programs with the primary purpose being avoidance of imminent disconnection and reconnecting customers who have been disconnected for nonpayment and makes conforming changes. Makes a change concerning the computation of the performance-based formula rate beginning with the rates applicable for the rate year commencing January 1, 2023, and each rate year thereafter. Removes provisions requiring that, by December 31, 2017, the Illinois Commerce Commission shall prepare and file with the General Assembly a report on the infrastructure program and the performance-based formula rate; provisions making the infrastructure investment and modernization, Smart Grid Advanced Metering Infrastructure Deployment Plan, Illinois Science and Energy Innovation Trust, and Illinois Smart Grid test bed provisions inoperative after December 31, 2022; and provisions limiting the ability of a participating utility to annually update the performance-based formula rate. Makes other changes. Effective immediately.

Amends the Criminal Code of 2012. Creates the offense of criminal damage to a critical infrastructure facility for a person who knowingly damages, destroys, vandalizes, defaces, or tampers with equipment in a critical infrastructure facility. Provides the penalty is a Class 1 felony punishable by a fine of $100,000, imprisonment, or both. Expands the offense of criminal trespass to a nuclear facility to include other critical infrastructure facilities. Provides the penalty is a Class 4 felony punishable by a fine of not less than $1,000, imprisonment, or both. Creates the offense of aggravated criminal trespass to a critical infrastructure facility for a person who commits a criminal trespass to a critical infrastructure facility with the intent to damage, destroy, vandalize, deface, or tamper with equipment of the facility, or impede or inhibit operations of the facility. Provides the penalty is a Class 3 felony punishable by a fine of not less than $10,000, imprisonment, or both. Provides if a business, corporation, or organization is convicted of conspiracy to commit any of the offenses the entity shall, in addition to any other applicable penalty, be sentenced to a fine of not less than 10 times the minimum fine authorized for the offense. Provides a person may be liable in any civil action for money damages to the owner of the critical infrastructure facility for any damage to personal or real property of the facility resulting from any of the offenses, and that a person may also be liable to the owner for court costs and reasonable attorney's fees. Provides for exemptions. Defines "critical infrastructure facility". House Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. Adds coal mines and any mining operation, including any processing equipment, batching operation, or support facility for that mining operation to the definition of "critical infrastructure facility". Provides that a business, corporation, or organization may be liable for conspiracy to commit criminal damage to a critical infrastructure facility, criminal trespass to a critical infrastructure facility, or aggravated criminal trespass to a critical infrastructure facility if the business, corporation, or organization sponsors, funds, or pays for an individual who causes substantial harm through the commission of any of those offenses. Provides that criminal damage to a critical infrastructure facility is a Class 3 felony (rather than a Class 1 felony). Provides exemptions. Makes other changes. House Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. Adds coal mines and any mining operation, including any processing equipment, batching operation, or support facility for that mining operation to the definition of "critical infrastructure facility". Provides that a business, corporation, or organization may be liable for conspiracy to commit criminal damage to a critical infrastructure facility, criminal trespass to a critical infrastructure facility, or aggravated criminal trespass to a critical infrastructure facility if the business, corporation, or organization intentionally sponsors, funds, or pays for an individual who causes substantial harm through the commission of any of those offenses. Provides that criminal damage to a critical infrastructure facility is a Class 3 felony (rather than a Class 1 felony). Provides exemptions. Makes other changes. Fiscal Note, House Committee Amendment No. 1 (Office of the Attorney General) The proposed legislation, HB 1633 (H-AM 1) would not have a significant fiscal impact on our Office as the new offenses established by this bill would primarily be handled by local county State's Attorney Offices. Fiscal impact: Minimal Judicial Note, House Committee Amendment No. 1 (Admin Office of the Illinois Courts) This legislation would neither increase nor decrease the number of judges needed in the State of Illinois. Fiscal Note, House Committee Amendment No. 1 (Illinois State Police) If House Bill 1633 (H-AM 1) were to become law, there would be no additional fiscal impact to the Illinois State Police. House Floor Amendment No. 3 Deletes reference to: 720 ILCS 5/8-2 Deletes language that provides that a business, corporation, or organization convicted of conspiracy to commit criminal damage to a critical infrastructure facility, criminal trespass to a critical infrastructure facility, or aggravated criminal trespass to a critical infrastructure facility shall, in addition to any other applicable penalty, be sentenced to a fine of not less than 10 times the minimum fine authorized for the offense. Deletes language that provides that a business, corporation, or organization may be liable for conspiracy to commit criminal damage to a critical infrastructure facility, criminal trespass to a critical infrastructure facility, or aggravated criminal trespass to a critical infrastructure facility if the business, corporation, or organization intentionally sponsors, funds, or pays for an individual who causes substantial harm through the commission of any of those offenses. Correctional Note, House Committee Amendment No. 1 (Dept of Corrections) The total impact of House Bill 1633, as amended, would result in an increase of 1 offender, with additional marginal costs of $96,200 over the first ten years after enactment. These calculations are based on limited accessible data and estimates may vary depending on how cases are prosecuted and plea bargained. Home Rule Note, House Committee Amendment No. 1 (Dept. of Commerce & Economic Opportunity) This bill does not pre-empt home rule authority.

Amends the Downstate Teachers and State Universities Articles of the Illinois Pension Code. Requires an employer to make an additional employer contribution for a participant whose earnings for any academic year used to determine the final rate of earnings exceed the amount of his or her earnings with the same employer for the previous academic year by more than 6% (instead of 3%). Makes conforming changes. Effective immediately.

Directs the Auditor General to conduct a performance audit of the Illinois State Police Division of Forensic Services. House Committee Amendment No. 2 Deletes everything. Replaces it with language directing the Illinois State Police to review and evaluate its varied duties and responsibilities to determine the most effective and efficient use of Rapid DNA technology and to recommend improvements to Illinois' DNA submission laws with the goal of taking full advantage of Rapid DNA technology throughout Illinois.

Amends the Medical Assistance Article of the Illinois Public Aid Code. Removes language providing that Medicaid rates for supportive living facilities effective on July 1, 2018 must be equal to the rates in effect for supportive living facilities on June 30, 2018. Provides that the Medicaid rates for supportive living services on and after July 1, 2019 must be equal to 60% of the average total nursing facility services per diem for the geographic areas defined by the Department of Healthcare and Family Services. Provides that for supportive living facilities specializing in dementia care, the rate must be 72% instead of 60%. Requires the Medicaid rates for supportive living services to be updated whenever the total nursing facility service per diems are updated. Requires the Department to delink the per diem rate paid for supportive living facility services from the per diem rate paid for nursing facility services, effective for services provided on or after May 1, 2011 through June 30, 2019 (rather than effective for services provided on or after May 1, 2011). Effective immediately.

Amends the Illinois Income Tax Act. Provides for a credit against withholding taxes in an amount equal to 25% of the wages or salary paid by a private employer to an Illinois employee while the employee is on organ donation leave if the employer grants all of its employees the option of taking a paid leave of absence of at least 30 days for the purpose of serving as an organ donor or bone marrow donor. Provides that the credit may not exceed $20,833.33 for each employee who takes organ donation leave. Provides that such a leave of absence must be taken without loss of pay, vacation time, compensatory time, personal days, or sick time for at least the first 30 days of the leave of absence. Effective immediately. Senate Committee Amendment No. 2 Makes changes to the introduced bill to require the employer to provide medical documentation and documentation of the employer's organ donation leave policy to the Department of Revenue and to require the employee to allow medical records to be disclosed to the Department of Revenue. Provides that, if the leave taken spans into a second tax year, the employer qualifies for the credit in the later of the 2 years. Provides that the credit may be carried forward. Senate Floor Amendment No. 4 Replaces everything after the enacting clause. Makes changes to update the statutory base. Reinserts the provisions of the bill as amended by Senate Amendment No. 2, but provides that the credit may not exceed $1,000 in withholdings for each employee (in Senate Amendment No. 2, $20,833.33). Provides that the credit applies for reporting periods beginning on or after January 1, 2020. Effective immediately.

Amends the Illinois Vehicle Code. Creates the offense of operation of an uninsured motor vehicle causing death, a Class 4 felony. Provides that if a person convicted of the offense of uninsured operation of a motor vehicle causing death has previously been convicted 2 or more times of uninsured operation of a motor vehicle, operation of an uninsured motor vehicle causing bodily harm, or operation of an uninsured motor vehicle causing death, a fine of $5,000 in addition to any sentence of incarceration shall be imposed. Effective immediately. House Committee Amendment No. 1 Changes the immediate effective date to an effective date of January 1, 2020. House Floor Amendment No. 2 Replaces everything after the enacting clause. Amends the Illinois Vehicle Code. Provides that, if a person is convicted of a third or subsequent offense of operation of an insured motor vehicle and the offense causes, as a proximate result of the person's operation of the motor vehicle, the death of one or more persons, the person is guilty of a Class 2 felony. Effective January 1, 2020.

Amends the Counties Code. In provisions concerning winds farms and electric-generating wind devices, makes the provisions applicable even if a county has or has not formed a zoning commission and adopted formal zoning. Clarifies that only a county may establish standards for wind farms, electric-generating wind devices, and commercial wind energy facilities in unincorporated areas of the county outside of the zoning jurisdiction of a municipality and the 1.5 mile radius surrounding the zoning jurisdiction of a municipality. Effective immediately. House Committee Amendment No. 1 Provides that only a county may establish standards for wind farms outside the 1.5 mile radius (rather than in the 1.5 mile radius) surrounding the zoning jurisdiction of a municipality.

Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that the Department of Human Services shall establish reimbursement rates that build toward livable wages for front-line personnel in residential and day programs and service coordination agencies serving persons with intellectual and developmental disabilities under the Act, including, but not limited to, intermediate care for the developmentally disabled facilities, medically complex for the developmentally disabled facilities, community-integrated living arrangements, community day services, employment, and other residential and day programs for persons with intellectual and developmental disabilities supported by State funds or funding under Title XIX of the federal Social Security Act. Provides that on or before July 1, 2019, the Department shall increase rates and reimbursements and on or before that date, direct support persons shall earn a base wage of not less than $5.25 per hour above the highest applicable federal, State, county, or municipal minimum wage, and on or before that date, other front-line personnel shall earn a commensurate wage. Provides that on or before July 1, 2021, the Department shall increase rates and reimbursements and on or before that date, direct support persons shall earn a base wage of not less than $6.75 per hour above the highest applicable federal, State, county, or municipal minimum Wage, and on or before July 1, 2021, other front-line personnel shall earn a commensurate wage. Amends the Illinois Public Aid Code to make conforming changes. Effective immediately.

Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. Requires the Department of Financial and Professional Regulation to employ an investigator who is required to devote at least 50% of his or her time to the investigation of complaints that allege a violation of the Illinois Optometric Practice Act of 1987 or its rules.