Sen. Mike Hastings

Amends the Courses of Study Article of the School Code. Requires every public elementary school and high school to include in its curriculum a unit of instruction studying the events of Asian American history; contains provisions governing this instruction. Provides that the teaching of history of the United States shall include the study of the wrongful incarceration of Japanese Americans during World War II and the heroic service of the 100th Infantry Battalion and the 442nd Regimental Combat Team of the United States Army during World War II.

Amends the Illinois Public Aid Code. Provides that the Department of Healthcare and Family Services shall provide each managed care organization with the quarterly fee-for-service facility-specific nursing component (rather than facility-specific RUG-IV nursing component) per diem along with any add-ons for enhanced care services, support component per diem, and capital component per diem effective for each nursing home under contract with the managed care organization. Provides that no managed care contract shall provide for a level of reimbursement lower than the fee-for-service rate in effect for the facility at the time service is rendered. Effective immediately. House Committee Amendment No. 1 Deletes reference to: 305 ILCS 5/5F-35 Adds reference to: 305 ILCS 5/5-4 from Ch. 23, par. 5-4 Replaces everything after the enacting clause. Amends the Illinois Public Aid Code. Makes a technical change in a Section concerning the amount and nature of medical assistance.

Amends the Illinois Horse Racing Act of 1975. Provides that for the third year of operation by an organization gaming licensee, the Illinois Racing Board shall award no fewer than 200 days in total of standardbred racing (rather than requiring the Board to award no fewer than 120 days of racing when a single entity requests standardbred racing dates). Deletes language authorizing the Board to reduce the number of days if no dates are requested for the first 3 months of a calendar year. Deletes language requiring the Board to award no fewer than 200 days of racing between applicants if more than one entity requests standardbred racing dates.

Amends the Prevailing Wage Act. Provides that the term "public works" includes fixed works constructed or demolished by third parties contracted by any public utility (rather than does not include work done directly by any public utility company). Applies to telecommunications carriers. Defines "public utility".

Amends the Title Insurance Act. In provisions concerning choice of title insurance company, provides that it is the public policy of the State that consumers obligated to pay for title insurance services are afforded the opportunity to make an informed decision and, in so doing, have the option to consult with legal counsel before title insurance payment obligations are effective.

Amends the Hospital Licensing Act. Makes a technical change in a Section concerning the short title.

Amends the Veterans Preference Act. Makes a technical change in a Section concerning a preference given to veterans in employment and appointment to fill certain public works positions.

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 Regional Transportation Authority Act. Provides that, by January 1, 2023, the Chicago Metropolitan Agency for Planning and its MPO Policy Committee, in coordination with the Authority, shall develop and submit a report of legislative recommendations to the Governor and General Assembly regarding changes to the recovery ratio, sales tax formula and distributions, governance structures, regional fare systems, and any other changes to State statute, Authority, or Service Board enabling legislation, policy, rules, or funding that will ensure the long-term financial viability of a comprehensive and coordinated regional public transportation system that moves people safely, securely, cleanly, and efficiently and supports and fosters efficient land use. Provides for the content and development of the report. Repeals the provisions on January 1, 2024. Effective immediately. House Committee Amendment No. 1 Moves the date on which the report of legislative recommendations shall be developed and submitted to January 1, 2024 (from January 1, 2023). Moves the repeal of the provisions to January 1, 2025 (from January 1, 2024). Senate Floor Amendment No. 1 Deletes reference to: 70 ILCS 3615/5.10 new Adds reference to: 50 ILCS 706/10-10 50 ILCS 706/10-20 50 ILCS 707/5 50 ILCS 707/10 Replaces everything after the enacting clause. Amends the Law Enforcement Officer-Worn Body Camera Act. Provides that "community caretaking" excludes law enforcement-related encounters or activities. Provides that "law enforcement-related encounter or activities" does not include when the officer is completing paperwork alone, is in a training in a classroom setting, or only in the presence of another law enforcement officer or officers (rather than when the officer is completing paperwork alone or only in the presence of another law enforcement officer). Provides that the written policy adopted by a law enforcement agency relating to officer-worn body cameras must include as one of the reasons that recordings made on officer-worn cameras must be kept past 90 days that the recording officer requests that the video be flagged for official purposes related to his or her official duties or believes it may have evidentiary value in a criminal prosecution (rather than for official purposes related to his or her official duties). Amends the Law Enforcement Camera Grant Act. Defines "law enforcement officer" or "officer" as any person employed by a unit of local government (rather than a county, municipality, or township) or an Illinois public university as a policeman, peace officer or in some like position involving the enforcement of the law and protection of the public interest at the risk of that person's life. Defines "unit of local government". Adds that one of the uses of grants from the Law Enforcement Camera Grant Fund includes covering associated data storage costs of officer-worn body cameras and associated technology. Effective immediately. Senate Floor Amendment No. 2 Deletes reference to: 70 ILCS 3615/5.10 new Adds reference to: 50 ILCS 705/8.1 from Ch. 85, par. 508.1 50 ILCS 706/10-10 50 ILCS 706/10-20 50 ILCS 707/5 50 ILCS 707/10 Replaces everything after the enacting clause. Amends the Illinois Police Training Act. Provides that within 60 days after the effective date of the amendatory Act, the Illinois Law Enforcement Training Standards Board shall adopt uniform rules providing for a waiver process for a person previously employed and qualified as a law enforcement or county corrections officer under federal law or the laws of any other state. Provides that the rules shall provide that any person previously employed or qualified as a law enforcement or county corrections officer under federal law or the laws of any other state shall successfully complete: (1) a training program approved by the Board on the laws of this State relevant to the duties of law enforcement and county correctional officers; and (2) firearms training, prior to the approval of a waiver. Amends the Law Enforcement Officer-Worn Body Camera Act. Provides that "community caretaking" excludes law enforcement-related encounters or activities. Provides that "law enforcement-related encounter or activities" does not include when the officer is completing paperwork alone, is in a training in a classroom setting, or only in the presence of another law enforcement officer or officers while not performing any other law enforcement-related activity (rather than when the officer is completing paperwork alone or only in the presence of another law enforcement officer). Provides that the written policy adopted by a law enforcement agency relating to officer-worn body cameras must include as one of the reasons that recordings made on officer-worn cameras must be kept past 90 days that the recording officer requests that the video be flagged for official purposes related to his or her official duties or believes it may have evidentiary value in a criminal prosecution (rather than for official purposes related to his or her official duties). Amends the Law Enforcement Camera Grant Act. Defines "law enforcement officer" or "officer" as any person employed by a unit of local government (rather than a county, municipality, or township) or an Illinois public university as a policeman, peace officer or in some like position involving the enforcement of the law and protection of the public interest at the risk of that person's life. Defines "unit of local government". Adds that one of the uses of grants from the Law Enforcement Camera Grant Fund includes covering associated data storage costs of officer-worn body cameras and associated technology. Effective immediately.

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.