Sen. Adriane Johnson

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.

Amends the State Employee Health Savings Account Law. Provides that funds held in a health savings account may be used to cover expenses of the eligible individual or his or her dependents to pay for diapers or diaper services. Makes conforming changes.

Amends the Illinois Public Aid Code. Provides that persons shall not be determined ineligible for cash assistance provided under the General Assistance Article of the Code based upon a conviction for any drug-related felony under State or federal law. Provides that a local governmental unit may provide assistance to households under its General Assistance program following a disaster proclamation issued by the Governor if the local governmental unit is within the area designated under the proclamation.

Amends the Illinois Public Aid Code. Provides that it shall be a matter of State policy that the Department of Healthcare and Family Services shall set nursing facility rates by rule utilizing an evidenced-based methodology that rewards appropriate staffing, quality-of-life improvements for nursing facility residents, including the cessation of payments for rooms with 3 or more people residing in them by January 1, 2027, and the reduction of racial inequities and health disparities for nursing facility residents enrolled in Medicaid. Provides that the new nursing services reimbursement methodology taking effect January 1, 2022, upon federal approval, shall utilize the Patient Driven Payment Model (PDPM) (rather than the RUG-IV 48 grouper model). Sets the statewide base rate for dates of service on and after January 1, 2022 at $85.25. Requires the Department to establish, by rule, a multiplier based on information from the Payroll Based Journal. Provides that, beginning on and after January 1, 2022, the Department shall allocate funding, by rule, for per diem add-ons to the PDPM methodology for each resident with a diagnosis of Alzheimer's disease. Contains provisions concerning funds allocated for certain incentive payments to nursing facilities; emergency rules; payments to improve the quality of care delivered by nursing facilities; long-term care provider assessments; and other matters. Amends the Nurse Agency Licensing Act. Prohibits nurse agencies from entering into covenants not to compete with certified nurse aides. Amends the Illinois Administrative Procedure Act. Permits the Department of Healthcare and Family Services to adopt emergency rules. Effective immediately.

Amends the Nurse Agency Licensing Act. Defines "covenant not to compete". Changes the definition of "Department" to the Department of Public Health (rather than the Department or Labor). Changes the definitions of "health care facility" and "nurse". Provides that in an application for licensure under the Act, a limited liability company can apply, evidence of general professional liability insurance in the amount of at least $1,000,000 (instead of $500,000) is required per incident and $3,000,000 (instead of $1,000,000) in the aggregate is required for workers' compensation coverage, and there is an application fee of $2,000. Provides that collected fees shall be deposited in the State treasury and credited to the Nursing Dedicated and Professional Fund. Provides that for renewal of licensure, the licensee shall submit an attestation detailing the number of contracted shifts, number of shifts missed, and number of shifts fulfilled for the 3 quarters preceding the application. Provides that an application for a license may be denied for failure to develop and implement contingency staffing plans to minimize missed shifts. Provides that nurse agencies who knowingly employ, assign, or refer to a health care facility a nurse or certified nurse aid with an illegally or fraudulently obtained or issued diploma, registration, license, certificate, or background study constitutes negligent hiring and are grounds for suspension, revocation, or refusal to issue or renew a license. Provides that the Department shall establish updated minimum standards. Provides that nurse agencies are prohibited from entering into covenants not to compete with nurses and certified nurse aides. Provides that a nurse agency's maximum rate for services provided to a health care facility by a nurse or certified nurse aide may not exceed 130% of the regional average hourly wage for each staffing position. Provides that the Department shall establish a system of reporting complaints against a health care staffing agency or its employees. Increases the civil penalty for violation of the Act to $10,000 per occurrence (currently $1,000 per day for each violation). Makes other changes. Senate Floor Amendment No. 2 Deletes reference to: 225 ILCS 510/4 from Ch. 111, par. 954 225 ILCS 510/8 from Ch. 111, par. 958 Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following changes: Defines "add-on charges" and "administrative fee". Provides that references to the Department means the Department of Labor (instead of the Department of Public Health). Provides that collected fees shall be used by the Department for the enforcement of the Act (rather than deposited in the State treasury and credited to the Nursing Dedicated and Professional Fund). Provides that prior to employing, assigning, or referring a certified nurse aide to a position at a health care employer or long-term facility, the nurse agency shall review the information provided on the Health Care Worker Registry to verify that the certified nurse aide is not ineligible for the position. Includes additional minimal standards for the operation of nurse agencies. Provides that in the development of rules to monitor usage of nurse agency services, the Department may consult with the Department of Public Health to ensure the rules will determine the quality of care and public health impacts of the usage of nurse agency services. Provides that the nurse agency's administrative fee shall not exceed 50% (instead of 130%) of the hourly wage and any add-ons paid to the employee. Removes provisions that provide that the Department shall use and publish the most current median hourly wage data reported by the United States Department of Labor Bureau of Labor Statistics. Provides that complaints against a nurse agency shall be investigated by the Department (instead of the Department of Public Health). Makes other changes.

Amends the Illinois Income Tax Act. Provides that the earned income tax credit shall be: (i) 20% of the federal tax credit for each taxable year beginning on or after January 1, 2023 and prior to January 1, 2024; (ii) 22% of the federal tax credit for each taxable year beginning on or after January 1, 2024 and prior to January 1, 2025; and (iii) 25% of the federal tax credit for each taxable year beginning on or after January 1 2025. Provides that the earned income tax credit is available to persons who have attained the age of 18 but have not yet attained the age of 25 and to persons who are 65 years of age or older, without regard to any age requirements that would otherwise apply to individuals without a qualifying child under federal Internal Revenue Code. Extends the earned income tax credit to individuals filing a return using an individual taxpayer identification number (ITIN). Creates a credit for child dependent tax credit that shall be not less than $600 when combined with the taxpayer's earned income tax credit. Effective immediately.

Amends the Cannabis Regulation and Tax Act. Allows specified medical cannabis dispensing organizations to change locations within the same medical district and BLS Region as the location of the existing registered medical cannabis dispensary associated with the Early Approval Adult Use Dispensing Organization License. Provides conditions for relocation and requirements for the applicant to submit to the Department of Public Health. Requires the Department to approve any application provided under the provisions upon receipt by the Department of the materials that meet the requirements. Contains other provisions. Effective immediately.

Amends the Nurse Practice Act. Provides that registered professional nursing practice is a scientific process founded on a professional body of knowledge; it is a learned profession based on the understanding of the human condition across the life span and environment and includes all nursing specialties and means the performance of any nursing act based upon professional knowledge, judgment, and skills acquired by means of completion of an approved professional nursing education program. Provides that registered professional nurses may delegate nursing interventions and tasks (rather than nursing interventions) to other registered professional nurses and licensed practical nurses based on a comprehensive nursing assessment. Provides that registered professional nurses may delegate tasks to unlicensed personnel based on a comprehensive nursing assessment. Provides that a registered professional nurse is prohibited from delegating work requiring nursing knowledge, assessment, judgment, inference, decision making (including medication administration), the development of a plan of care, and the evaluation of a plan of care to unlicensed non-nurse personnel. Removes provisions concerning delegation of nursing interventions and administration of medications in community-based or in-home care settings. Makes other changes. Effective August 1, 2021.

Creates the Right to Counsel in Immigration Proceedings Act. Establishes the Task Force on Counsel in Immigration Proceedings. Provides for members, compensation, and support staff. Provides that the Task Force shall investigate the implementation of universal representation for covered individuals in immigration removal proceedings. Provides that the Task Force shall submit a report of its findings in the investigation and its recommendations for how to fully provide legal representation for covered individuals facing immigration proceedings no later than July 1, 2022. Repeals the Act July 1, 2023. Effective immediately.

Amends the Unified Code of Corrections. Provides that no less than 30 days before the issuance of a warrant of arrest for nonpayment of a fine or an installment of a fine, a notice shall be mailed to the offender by first class mail to the most recent address which the offender has provided to the court. Provides that the notice shall contain the following information: (1) the amount of the fine which is due and owing; (2) the docket number of the case in which the fine was assessed; (3) the due date for payment of the fine; (4) instructions as to how payment of the fine may be made; (5) an explanation that willful refusal to pay the fine may result in imprisonment; and (6) instructions as to how the offender may request a hearing to present evidence that the offender did not willfully refuse to pay the fine, and that failure to pay was the result of the offender's inability to pay the fine. House Floor Amendment No. 3 Adds reference to: 625 ILCS 5/6-308 Amends the Illinois Vehicle Code. Provides that for purposes of a provision concerning procedures for traffic violations, a violation shall be deemed resolved if the person has appeared in court and the court entered any final disposition, including: (i) a final order regarding the person's guilt or innocence; or (ii) an order granting a request by the State or local governmental body that initiated the charges for permission not to prosecute the charges. Further amends the Unified Code of Corrections. Provides that if the prosecutor shows that default was due to an intentional refusal to pay, and due to a failure on the offender's part to make a good faith effort to pay, rather than the offender demonstrating the absence of these factors, the court may order the offender imprisoned for a term not to exceed 6 months if the fine was for a felony, or 30 days if the fine was for a misdemeanor, a petty offense or a business offense. Adds an immediate effective date to the bill.