Rep. Larry Walsh

Amends the Illinois Act on the Aging. Provides that rates and minimum mandated wage increases for homemaker services shall be, at minimum, a rate of $24.96 as of July 1, 2021 to sustain a minimum wage of $15 per hour. Requires rates in subsequent State fiscal years to be no lower than the rates in effect on July 1, 2021. Provides that providers of in-home services shall be required to certify to the Department on Aging that they remain in compliance with the mandated wage increase for direct service workers. Provides that fringe benefits, including, but not limited to, paid time off and payment for training, health insurance, travel, or transportation, shall not be reduced in relation to the rate increases described in the amendatory Act. Effective July 1, 2021.

Amends the Fire Department Promotion Act. Modifies the definition of "affected department" for purposes of the Act to include a municipality with a population over 1,000,000.

Creates the Illinois Hazardous Materials Workforce Training Act. Contains only a short title provision. House Committee Amendment No. 1 Adds reference to: 5 ILCS 100/5-45.8 new 35 ILCS 5/704A Replaces everything after the enacting clause. Creates the Investing in Illinois Works Tax Credit Act. Provides that each owner or operator, as defined in the Illinois Hazardous Materials Workforce Training Act, may apply for a credit against withholding payments due under the Illinois Income Tax Act for each member of its skilled and trained workforce who is also a qualifying graduate. Provides limitations on the credit. Creates the Access to Apprenticeship Act. Provides that no preapprenticeship or apprenticeship program may require a recommendation from a union member or any other person as a condition of acceptance. Amends the Illinois Administrative Procedure Act and the Illinois Income Tax Act to make conforming changes. Creates the Illinois Hazardous Workforce Materials Training Act. Requires workers at high hazard facilities to obtain minimum approved safety training, provided by the Occupational and Safety Health Administration, and to file a certificate of completion with the Department of Labor. Contains enforcement provisions. Provides that the Act does not apply to any owner or operator that has an executed national or local labor agreement in effect pertaining to the performance of construction work at a given facility or site under the terms of the agreement. Requires applicable apprenticeship and training programs, approved by and registered with the U.S. Department of Labor's Office of Apprenticeship, providing minimum approved safety training for workers in high hazard facilities and contractors employing workers at high hazard facilities to file an annual report with the Department and the Illinois Works Review Panel. Provides that an owner or operator who violates the requirements of the Act shall be subject to a minimum civil penalty of $10,000 for each violation. Requires all moneys received by the Department as fees and civil penalties under the Act to be deposited into the Illinois Works Fund to be used to recruit, prescreen, and provide preapprenticeship skills training. Contains other provisions. Effective January 1, 2022. House Floor Amendment No. 2 Replaces everything after the enacting clause with the provisions of House Amendment No. 1 with the following changes. In provisions creating the Investing in Illinois Works Tax Credit Act, makes changes to provisions concerning definitions. Provides that each owner or operator may claim an amount equal to $2,500 (rather than may apply for a credit up to 45% of qualified wages paid) against a tax imposed under specified provisions of the Illinois Income Tax Act for each member of its skilled and trained workforce who is also a qualifying graduate. Contains provisions regarding the application process for the credit. Provides that the credit shall not be awarded more than an aggregate of $20,000,000 in total tax credits. Contains provisions regarding penalties and recapture. Makes other changes. In provisions creating the Illinois Hazardous Workforce Materials Training Act, provides that the Illinois Department of Labor (rather than the Attorney General's Workers Rights Bureau, in conjunction with the Department) must certify that an emergency warrants noncompliance with the Act. Makes other changes. In provisions amending the Illinois Income Tax Act, removes changes to the reporting periods upon which the amount computed for maximum credit is based. Makes other changes. Effective January 1, 2022. Fiscal Note, House Floor Amendment No. 2 (Dept. of Labor) There is no fiscal impact to the Department of Labor by the Illinois Works Tax Credit Act and the amendments to the Illinois Income Tax Act. The fiscal impact to the Department of Labor by the Illinois Hazardous Materials Workforce Training Act is estimated as follows: 3 Labor Conciliators (salary, benefits, and expenses): $179,917.93 each; 1 Information Services Specialist (salary, benefits, and expenses): $155,960.06; Total Department of Labor fiscal impact: $695,713.85. State Debt Impact Note, House Floor Amendment No. 2 (Government Forecasting & Accountability) HB 3437, 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. Senate Committee Amendment No. 1 Deletes reference to: 35 ILCS 5/704A Adds reference to: 35 ILCS 5/232 new Replaces everything after the enacting clause with the provisions of the engrossed bill with the following changes. In provisions creating the Investing in Illinois Works Tax Credit Act, makes changes to provisions concerning definitions. Provides that for taxable years beginning on or after January 1, 2023 (rather than for reporting periods beginning on or after January 1, 2022) an owner or operator may claim as a credit against the tax imposed under specified provisions of the Illinois Income Tax Act an amount equal to the amount of Illinois income tax withheld from the compensation paid to each qualifying employee and paid to the Department of Revenue, not to exceed (rather than equal to) $2,500 per calendar year for each qualifying employee. Provides that for partners and shareholders of Subchapter S corporations, there shall be allowed a credit to be determined in accordance with the determination of income and distributive share of income under specified provisions of the Internal Revenue Code. Removes language providing that specified provisions are exempt from specified provisions of the Illinois Income Tax Act. Makes other changes. In provisions creating the Illinois Hazardous Materials Workforce Training Act, provides the findings of the General Assembly. Makes changes to provisions concerning definitions. Provides that within 3 days after an emergency resulting in a failure to comply with the Act, an owner or operator must notify the Department that such an event occurred and provide documentation supporting its claim that compliance with the Act was impracticable. Makes changes to provisions concerning enforcement and reporting requirements. Requires the Department of Labor to consider the gravity of a violation in determining the amount of the penalty for the violation. Provides that if the Department finds that a contractor or owner or operator failed to pay the prevailing rate of wages to construction workers at a stationary source as required under the Act, the Department shall have the ability to recover unpaid or underpaid wages, plus a 5% monthly penalty, on behalf of and payable to the workers. Makes other changes. Removes language allowing the Department of Labor to adopt emergency rules under the amendatory Act. Amends the Illinois Income Tax Act. Contains provisions regarding the Investing in Illinois Works Tax Credit (rather than amending provisions regarding employers' returns and payments withheld). Provides an effective date of January 1, 2023 (rather than January 1, 2022).

Amends the Telehealth Act. Provides that the Act applies to all health insurance coverage offered by health insurance issuers regulated by the Department of Insurance or the Department of Healthcare and Family Services and the medical assistance program authorized under the Illinois Public Aid Code. Provides that any policy, contract, or certificate of health insurance coverage that does not distinguish between in-network and out-of-network providers shall be subject to the Act as though all providers were in-network. Provides that health insurance issuers shall cover all telehealth services rendered by a health care professional to deliver any clinically appropriate, medically necessary covered services. Restricts health insurance issuers from engaging in specified activities. Provides that health care professionals and facilities shall determine the appropriateness of specific sites, technology platforms, and technology vendors for a telehealth service, as long as delivered services adhere to privacy laws. Changes the term "telehealth" to "telehealth services". Makes corresponding changes. Defines terms. Amends the Illinois Insurance Code. In provisions concerning coverage for telehealth services, makes changes to definitions. Provides that coverage and reimbursement for telehealth services delivered by health care professionals and facilities shall comply with the Telehealth Act. Makes other changes. Amends the Illinois Public Aid Code. Provides that the Department and managed care organizations shall comply with the Telehealth Act and removes provisions concerning behavioral health and medical services via telehealth. Makes other changes. Amends the Illinois Administrative Procedure Act to provide for emergency rulemaking. Effective immediately. House Floor Amendment No. 1 Deletes reference to: 5 ILCS 100/5-45.10 new 225 ILCS 150/20 new 225 ILCS 150/25 new 225 ILCS 150/30 new 225 ILCS 150/35 new Replaces everything after the enacting clause. Amends the Illinois Insurance Code. Provides that an individual or group policy of accident or health insurance or a managed care plan that is amended, delivered, issued, or renewed on or after the effective date of the amendatory Act shall cover all telehealth services rendered by a health care professional to deliver any clinically appropriate, medically necessary covered services, and shall not engage in specified activities. Provides that any policy, contract, or certificate of health insurance coverage that does not distinguish between in-network and out-of-network providers shall be subject to the Act as though all providers were in-network. Provides that health care professionals and facilities shall determine the appropriateness of specific sites, technology platforms, and technology vendors for a telehealth service, as long as delivered services adhere to privacy laws. Provides that there shall be no restrictions on originating site requirements for telehealth coverage or reimbursement to the distant site. Defines terms. Amends the Telehealth Act. Changes the term "telehealth" to "telehealth services". Amends the Illinois Public Aid Code. Provides that the Department of Healthcare and Family Services and managed care organizations shall comply with specified provisions of the Illinois Insurance Code and removes provisions concerning behavioral health and medical services via telehealth. Amends the Illinois Administrative Procedure Act to provide for emergency rulemaking. In provisions concerning coverage for telehealth services, removes language that provides that coverage and reimbursement for telehealth services delivered by health care professionals and facilities shall comply with the Telehealth Act. Removes changes to the Telehealth Act. Makes other changes. Effective immediately. House Floor Amendment No. 2 In provisions in the Illinois Administrative Procedure Act concerning emergency rulemaking, provides that provisions allowing the Department of Insurance and the Department of Healthcare and Family Services to adopt emergency rules are repealed on January 1, 2022 (rather than January 1, 2026). In provisions concerning coverage for telehealth services, provides that an individual or group policy of accident or health insurance or a managed care plan that is amended, delivered, issued, or renewed on or after the effective date of the amendatory Act shall not require that in-person contact occur between a health care professional and a patient (rather than in-person contact shall not occur between a health care professional and a patient, except before an initial e-visit or virtual check-in in order to establish a patient relationship).

Amends the Illinois Income Tax Act. Provides that an amount equal to the sum of (i) 8% of the net revenue realized from the tax imposed upon individuals, trusts, and estates and (ii) 9.11% of the net revenue realized from the tax imposed upon corporations shall be deposited into the Local Government Distributive Fund (currently, an amount equal to the sum of (i) 6.06% of the net revenue realized from the tax imposed upon individuals, trusts, and estates and (ii) 6.85% of the net revenue realized from the tax imposed upon corporations shall be deposited into the Local Government Distributive Fund). Amends the State Revenue Sharing Act to provide that amounts paid into the Local Government Distributive Fund are appropriated on a continuing basis. Effective July 1, 2022.

Makes appropriations for the Department of Commerce and Economic Opportunity for the fiscal year beginning July 1, 2022. Effective July 1, 2022.

Creates the Statewide 9-8-8 Trust Fund Act. Establishes the Statewide 9-8-8 Trust Fund in the State treasury. Provides that moneys in the Fund shall be used by the Department of Human Services for the purposes of creating and maintaining a statewide 9-8-8 suicide prevention and mental health crisis system pursuant to the National Suicide Hotline Designation Act of 2020, the Federal Communication Commission's rules adopted on July 16, 2020, and national guidelines for crisis care. Provides that the Fund shall consist of: (1) appropriations by the General Assembly; (2) grants and gifts intended for deposit in the Fund; (3) interest, premiums, gains, or other earnings on the Fund; and (4) moneys from any other source that are deposited in or transferred to the Fund. Provides that moneys in the fund (1) do not revert at the end of any State fiscal year but remains available for the purposes of the Fund in subsequent State fiscal years; and (2) are not subject to transfer to any other fund or to transfer, assignment, or reassignment for any other use or purpose outside of those specified in the Act. Amends the State Finance Act to make conforming changes. House Committee Amendment No. 1 Provides that the Statewide 9-8-8 Trust Fund is a special fund in the State treasury.

Amends the Departments of State Government Law of the Civil Administrative Code of Illinois by repealing the Section that created the Department of Natural Resources Advisory Board. Makes corresponding changes in the Wildlife Code and the Illinois Open Land Trust Act. Amends the Department of Natural Resources Act. Authorizes the Department of Natural Resources to conduct regional yearly public forums to obtain public input and comments on subjects, matters, or programs under the control of the Department of Natural Resources. Requires the Department of Natural Resources to consider all comments received during a public forum. Senate Committee Amendment No. 1 Deletes reference to: 20 ILCS 5/5-560 rep. 20 ILCS 801/1-15 Adds reference to: 20 ILCS 5/5-560 was 20 ILCS 5/6.08 Replaces everything after the enacting clause. Amends the Departments of State Government Law of the Civil Administrative Code of Illinois. Provides that the term of all incumbent members of the Advisory Board to the Department of Natural Resources shall terminate on August 1, 2022, and, requires the Governor to make appointments to fill the vacancies. Adds a provision requiring the Board to formulate and present long range recommendations (instead of policies) in certain areas. Removes a requirement for the Board to make a study of the personnel structure of the Department and make recommendations to the Governor and Director of Natural Resources. Provides that the Board may advise on (instead of "shall make studies of") the land acquisition needs of the Department. Amends the Wildlife Code. Removes the provision permitting the Board to make recommendations to the Director of Natural Resources on reductions or increases of seasons, bag or possession limits, or closure of any season. Amends the Illinois Open Land Trust Act. Removes a provision requiring approval of the Board for the Director to, by administrative rule, lengthen, shorten, or close the season. Removes a provision requiring the Department to consult with the Board in order to make grants or loans to units of government as authorized by the Act. Removes a provision requiring the Department to provide for a public meeting to be conducted by the Board prior to the Department approving grants to a unit of local government for the acquisition of open space and natural land. Senate Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of Senate Amendment No. 1, and makes the following changes: In provisions concerning members of the Advisory Board to the Department of Natural Resources, provides that one member of the Board shall represent outdoor powersport usage interests, one shall be a member of a statewide association of trappers and represent trapping interests, and 3 members of the Board, whose interests are not otherwise specified, shall be residents of this State. In provisions concerning formulation and presentation of recommendations by the Board, removes the conservation of privately owned land from the category of protection and conservation of renewable resources of the State. Land Conveyance Appraisal Note (Dept. of Transportation) No land conveyances are included in Senate Bill 3908; therefore, there are no appraisals to be filed. Judicial Note (Admin Office of the Illinois Courts) This legislation will not increase or decrease the number of judges needed in the state of Illinois. Pension Note (Government Forecasting & Accountability) SB 3908, as engrossed, will not impact any public pension fund or retirement system in the State of Illinois. State Debt Impact Note (Government Forecasting & Accountability) SB 3908, as engrossed, would not change the amount of authorization for any type of State-issued bond, and, therefore, would not affect the level of State indebtedness. Fiscal Note (Dept. of Natural Resources) There is no financial impact expected for DNR from this bill and its amendments to date. Balanced Budget Note (Office of Management and Budget) Please be advised that the Balanced Budget Note Act does not apply to Senate Bill 3908, as amended by Senate Amendment 2 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. State Mandates Fiscal Note (Dept. of Commerce & Economic Opportunity) SB 3908 does not create a State Mandate under the State Mandates Act.

Mourns the passing of Richard Martin.

Mourns the passing of LeRoy Franklin Lilly.