Sen. Andrew Chesney

Amends the Counties Code. Provides that 1% of the school facility occupation taxes collected shall be distributed to the regional superintendent of schools (currently, these moneys are deposited into the Tax Compliance and Administration Fund) to cover the costs in administering and enforcing the provisions of the school facility occupation taxes Section of the Code. Effective July 1, 2022. House Committee Amendment No. 1 Provides that 50% (rather than 1%) of the 2% deducted from the amounts collected under the provisions shall be deposited into the Tax Compliance and Administration Fund and 50% (rather than 1%) shall be distributed to the regional superintendent of schools to cover the costs in administering and enforcing the provisions of this Section.

Amends the Invest in Kids Act. Makes a formatting change to create a first priority group for eligible students who received a scholarship from a scholarship granting organization during the previous school year. Provides that qualified schools may establish a maximum scholarship amount, which may not exceed the necessary costs and fees for attendance at the qualified school. Provides that the qualified school shall notify the scholarship granting organization of its necessary costs and fees as well as any maximum scholarship amount set by the school. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Specifies that the maximum scholarship amount set by a qualified school is subject to the limitations provided under existing law.

Amends the Illinois Vehicle Code. Allows the money in the Illinois Police Association Fund to be used for providing death benefits for the families of members of the Illinois Police Association dying of natural causes, and for providing scholarships to children and spouses of members of the Illinois Police Association dying of natural causes.

Creates the Illinois Industrial Biotechnology Partnership Act. Establishes the Industrial Biotechnology Public-Private Partnership as a State-sponsored board consisting of specified members to promote and market Illinois as a destination for research, development, and commercialization for industrial biotechnology. Provides for the appointment of members to the Partnership. Provides requirements concerning meetings and compensation. Provides for administrative and other support to the Partnership. Provides for duties and funding of the Partnership. Provides reporting requirements. Provides for the adoption of rules. Defines terms. Amends the Department of Commerce and Economic Opportunity Law. Creates the Industrial Biotechnology Workforce Development Grant Program. Provides that the Program shall provide grants for the purpose of fostering a well-trained and well-skilled industrial biotechnology workforce. Provides funding and eligibility requirements. Provides reporting requirements. Provides for the adoption of rules. Amends the State Finance Act. Creates the Industrial Biotechnology Human Capital Fund and Industrial Biotechnology Capital Maintenance Fund as special funds in the State treasury for specified purposes. Provides for funding of each Fund. Allows the use of Fund moneys for specified grants. Provides reporting requirements. Provides for the adoption of rules. Amends the Economic Development for a Growing Economy Tax Credit Act. Requires the Department of Commerce and Economic Opportunity to evaluate the tax credit program regarding employment and investment criteria to ensure that the program is applicable to both small startup firms as well as existing companies in the industrial biotechnology field. House Committee Amendment No. 2 Deletes reference to: 20 ILCS 605/605-1055 new 30 ILCS 105/6z-124 new 30 ILCS 105/6z-125 new 35 ILCS 10/5-75 Adds reference to: 20 ILCS 605/605-1095 new 30 ILCS 105/6z-130 new 30 ILCS 105/6z-131 new Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with changes. Makes changes to the membership of the Industrial Biotechnology Public-Private Partnership. Provides that members shall be appointed within 90 days (instead of 30 days) after the effective date of the Act. Provides that the Partnership shall develop and direct efforts to attract companies to use existing Illinois facilities for research, development, and pre-commercialization activities. Provides that the Department of Commerce and Economic Opportunity, or a non-profit organization designated by the Department of Commerce and Economic Opportunity, shall provide administrative and other support to the Partnership (instead of the Department of Commerce and Economic Opportunity alone). Provides that the Partnership is dissolved on December 31, 2025. Provides that certain grant programs created in the engrossed bill are subject to appropriation. Contains provisions concerning private matching funds necessary for the expenditure of funds appropriated to the Department of Commerce and Economic Opportunity for the use of the Industrial Biotechnology Public-Private Partnership. Provides that reports concerning the grant programs established in the bill are due on or before January 31 of the year following the fiscal year in which the moneys are allocated. Removes amendatory provisions requiring the Department of Revenue to evaluate the Economic Development for a Growing Economy Tax Credit Program. Makes conforming and other changes.

Amends the Illinois Insurance Code. Provides that an insured or any other person who may be the owner of rights under a policy of life insurance may make an irrevocable assignment of all or a part of his or her rights under the policy to a funeral home in accordance with a specified provision of the Illinois Funeral or Burial Funds Act. Provides that a policy owner who executes a designation beneficiary form irrevocably waives and cannot exercise certain rights. Amends the Illinois Funeral or Burial Funds Act. In a provision concerning pre-need contracts funded through the purchase of a life insurance policy or tax-deferred annuity contract, provides that nothing shall prohibit the purchaser from irrevocably assigning ownership of the policy or annuity to a person or trust or from irrevocably assigning the benefits of the policy or annuity to a funeral home for the purpose of obtaining favorable consideration for Medicaid, Supplemental Security Income, or another public assistance program. Requires the insured or any other person who may be the owner of rights under the policy of whole life insurance to sign a guaranteed pre-need contract with the provider that describes the cost of the goods and services to be provided upon the person's death, up to $6,774, except that any portion of a contract that clearly represents the purchase of burial space is exempt regardless of value. Amends the Aid to the Aged, Blind or Disabled Article of the Illinois Public Aid Code. In a provision requiring the Department of Human Services to exempt certain prepaid funeral or burial contracts from consideration when making an eligibility determination for medical assistance, provides that at any time after submitting an application for medical assistance and before the Department makes a final determination of eligibility, an applicant may use available resources to purchase one of the exempted prepaid funeral or burial contracts. Exempts up to $6,774 (rather than $5,874) in funds under an irrevocable prepaid funeral or burial contract when determining an individual's resources and eligibility for medical assistance. Contains provisions concerning exemptions; irrevocable designation of beneficiary forms; and other matters. House Committee Amendment No. 1 Deletes reference to: 215 ILCS 5/245.3 new 225 ILCS 45/2a 225 ILCS 45/2b new Replaces everything after the enacting clause. Amends the Illinois Public Aid Code. In a provision requiring the Department of Human Services to exempt certain prepaid funeral or burial contracts from consideration when making an eligibility determination for medical assistance, provides that at any time after submitting an application for medical assistance and before a final determination of eligibility has been made by the Department, an applicant may use available resources to purchase one of the exempted prepaid funeral or burial contracts. Senate Committee Amendment No. 1 Adds reference to: 215 ILCS 5/245.3 new 225 ILCS 45/2a 225 ILCS 45/2b new Replaces everything after the enacting clause. Amends the Illinois Insurance Code. Provides that an insured or any other person who may be the owner of rights under a policy of life insurance may make an irrevocable assignment of all or a part of his or her rights under the policy to a funeral home in accordance with a specified provision of the Illinois Funeral or Burial Funds Act. Provides that a policy owner who executes a designation beneficiary form irrevocably waives and cannot exercise certain rights. Amends the Illinois Funeral or Burial Funds Act. In a provision concerning pre-need contracts funded through the purchase of a life insurance policy or tax-deferred annuity contract, provides that nothing shall prohibit the purchaser from irrevocably assigning ownership of the policy or annuity to a person or trust or from irrevocably assigning the benefits of the policy or annuity to a funeral home for the purpose of obtaining favorable consideration for Medicaid, Supplemental Security Income, or another public assistance program. Requires the insured or any other person who may be the owner of rights under an existing policy of life insurance to sign a guaranteed pre-need contract with the provider that describes the cost of the funeral goods and services to be provided upon the person's death, up to $7,248, except that any portion of a contract that clearly represents the purchase of burial space, as that term is defined for purposes of the Supplemental Security Income program, is exempt regardless of value. Provides that the form to effectuate the irrevocable assignment and thereby provide for the irrevocable designation of beneficiary of one or more life insurance policies shall be prepared by the Department of Healthcare and Family Services or such form, approved by the Department of Healthcare and Family Services, that has been prepared by an insurance company licensed to operate in the State of Illinois. Contains provisions concerning disclosure statements under pre-need contracts with cash advances; the distribution of proceeds under a life insurance policy upon the death of the insured; and other matters. Amends the Aid to the Aged, Blind or Disabled Article of the Illinois Public Aid Code. Provides that at any time prior to or after submitting an application for medical assistance and before a final determination of eligibility has been made, an applicant may use available resources to purchase one of the prepaid funeral or burial contracts exempted under the Article. Provides that existing life insurance policies are exempt if there has been an irrevocable assignment in compliance with a specified provision under the Illinois Funeral or Burial Funds Act. Requires a person to sign a contract with a funeral home, which is licensed under the Illinois Funeral or Burial Funds Act, that describes the cost of the funeral goods and services to be provided upon the person's death, up to $7,248, except that any portion of a contract that clearly represents the purchase of burial space, as that term is defined for purposes of the Supplemental Security Income program, is exempt regardless of value. Provides that the amount shall be adjusted annually for any increase in the Consumer Price Index. Requires the licensed funeral home to which the life insurance policy benefits have been irrevocably assigned to retain copies for inspection by the Comptroller and to report annually to the Comptroller certain information. Provides that certain provisions under the amendatory Act shall be subject to federal approval. Requires the Department of Healthcare and Family Services to apply for any necessary federal waivers or approvals to implement certain changes made under the amendatory Act. Effective immediately.

Amends the Criminal Code of 2012. Provides that it is unlawful for a child sex offender to knowingly operate, manage, be employed by, or be associated with any carnival, amusement enterprise, or fair (rather than the prohibition only applying to county fairs) when persons under the age of 18 are present. Senate Floor Amendment No. 1 Provides that it is unlawful for a child sex offender to knowingly operate, manage, be employed by, or be associated with any carnival, amusement enterprise, or county or State fair when persons under the age of 18 are present.

Amends the Wildlife Code. Provides that a centerfire rifle may be used to harvest deer during the firearm open season set by the Director of Natural Resources annually. Provides that all straight walled rifle rounds are legal ammunition for a centerfire rifle. House Floor Amendment No. 1 Adds reference to: 520 ILCS 5/1.2aa new 520 ILCS 5/1.2bb new 520 ILCS 5/2.33 from Ch. 61, par. 2.33 Replaces everything after the enacting clause. Amends the Wildlife Code. Defines "centerfire" and "single shot". Allows a person to take deer with a single shot centerfire rifle during the open season set by the Director of Natural Resources. Limits legal handguns and rifles to centerfire handguns that are either single shot or revolvers and centerfire rifles that are single shot. Limits legal ammunition for a centerfire handgun or rifle to a bottleneck centerfire cartridge of .30 caliber or larger with a case length not exceeding one and two-fifths inches, or a straight-walled centerfire cartridge of .30 caliber or larger, both of which must be available as a factory load with the published ballistic tables of the manufacturer showing a capability of at least 500 foot pounds of energy at the muzzle. Provides that it is unlawful while deer hunting: (1) to possess or be in close proximity to a rifle that is not centerfire; or (2) be in possession of or in close proximity to a magazine that is capable of making a rifle not a single shot.

Amends the Personnel Code. Provides that a bilingual pay supplement shall go into effect within 30 calendar days after an employee presents to the Director or the Director's designee a certification from either: (i) the designated testing program process selected by the Director; or (ii) an Illinois community college confirming that language skill proficiency in reading, writing, and speaking has been satisfied by the employee. Provides for the acceptance of certifications of linguistic competence from pre-approved third parties for needs that require a certain linguistic ability. Provides further requirements concerning the testing and certification of linguistic ability for job positions. House Floor Amendment No. 1 Provides that a bilingual pay supplement shall be processed (rather than go into effect) within 30 calendar days after an employee presents to the Director of Central Management Services, or his or her designee, specified certification. Provides that no later than January 2024 (rather than January 2023), the Department of Central Management Services shall authorize at least one if not more community colleges in specified regions of the State to pre-test and certify linguistic ability for specified purposes.

Amends the Criminal Code of 2012. Deletes provision that it is an affirmative defense to a charge of solicitation of a sexual act with a person who is under the age of 18 or who is a person with a severe or profound intellectual disability that the accused reasonably believed the person was of the age of 18 years or over or was not a person with a severe or profound intellectual disability at the time of the act giving rise to the charge. Provides that solicitation of a sexual act from a person who is under the age of 18 or whom the solicitor of the sexual act reasonably believes to be under the age of 18 is a Class 4 felony. House Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the bill as introduced but deletes provision that solicitation of a sexual act from a person whom the solicitor of the sexual act reasonably believes to be under the age of 18 is a Class 4 felony.

Amends various Acts by replacing the term "accident", in relation to automobiles, motor vehicles, and traffic accidents, with the term "crash". Provides that a State agency may exhaust any forms or documents using "accident" prior to printing copies of a new version using "crash". Effective immediately. House Floor Amendment No. 1 Provides that the amendatory Act is effective July 1, 2023 (rather than immediately). Senate Committee Amendment No. 1 Provides that the intent of the amendatory Act is to clarify that not all crashes are accidental, as crash encompasses all types of motor vehicle impacts and collisions, including, but not limited to, an impact or collision caused by negligence, willful and wanton conduct, or an intentional act. Provides that the amendatory Act is not intended to alter the legal rights and obligations under current law of insurers, applicants, and policy holders.