Sen. Meg Loughran Cappel

Amends the School Code. Makes changes concerning the adoption of rules by the State Board of Education governing time out and physical restraint in the public schools. Subject to appropriation, requires the State Board to create a grant program for school districts and special education cooperatives and charter schools to implement school-wide, culturally sensitive, and trauma-informed practices, positive behavioral interventions and supports, and restorative practices. Allows the State Board to contract with a third party to provide assistance with oversight and monitoring, and requires the State Board to establish reduction goals and a system of ongoing review, auditing, and monitoring. Makes changes in provisions concerning a school board's use of time out and physical restraint, including providing that isolated time out, time out, and physical restraint may be used only under certain circumstances, prohibiting the deprivation of necessities and prone, mechanical, and chemical restraint, and requiring a meeting with school personnel if requested by the parent or guardian, the provision of information to parents and guardians, and written procedures. Effective immediately.

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 School Construction Law. With regard to early childhood construction grants, provides that (i) a public school district assigned to Tier 1 under the evidence-based funding formula under the School Code or any other eligible entity in an area encompassed by that district must provide local matching funds in an amount equal to 3% of the awarded grant, (ii) a public school district assigned to Tier 2 under the evidence-based funding formula or any other eligible entity in an area encompassed by that district must provide local matching funds in an amount equal to 7.5% of the awarded grant, (iii) a public school district assigned to Tier 3 under the evidence-based funding formula or any other eligible entity in an area encompassed by that district must provide local matching funds in an amount equal to 8.75% of the awarded grant, and (iv) a public school district assigned to Tier 4 under the evidence-based funding formula or any other eligible entity in an area encompassed by that district must provide local matching funds in an amount equal to 10% of the awarded grant (rather than providing that a public school district or other eligible entity must provide local matching funds in an amount equal to 10% of the grant). Effective immediately.

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 Illinois Public Aid Code. In provisions concerning the Temporary Assistance for Needy Families program, provides that the child support collected on behalf of a family shall be passed through to the family and disregarded in determining the amount of the assistance grant provided to the family under the program (rather than the first $100 of child support collected on behalf of a family in a month for one child and the first $200 of child support collected on behalf of a family in a month for 2 or more children shall be passed through to the family and disregarded in determining the amount of the assistance grant provided to the family under the program). Provides that beginning October 1, 2022 (rather than October 1, 2018) the Department of Human Services shall increase TANF grant amounts in effect on September 30, 2022 (rather than September 30, 2018) to at least 50% (rather than 30%) of the most recent United States Department of Health and Human Services Federal Poverty Guidelines for each family size. Provides that beginning October 1, 2023 (rather than October 1, 2019), and each October 1 thereafter, the maximum benefit levels shall be annually adjusted to remain equal to at least 50% (rather than 30%) of the most recent poverty guidelines updated periodically in the Federal Register by the U.S. Department of Health and Human Services for each family size. Effective October 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.

Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Requires the Department of Commerce and Economic Opportunity to establish a grant program for local chambers of commerce. Provides that the Department shall allocate $5,000,000 as grants to eligible chambers of commerce in amounts equivalent to 2 months of lost revenue, or 1/6th of the annual lost revenue, between 2019 and 2020 from funds appropriated under the American Rescue Plan Act. Provides that eligible chambers of commerce must have less than 1,500 paid members. Provides for the adoption of rules.

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.

Creates the Illinois Asian Indian American Advisory Council Act. Provides for the purpose of the Council. Provides for the appointment of members and ex officio members of the Council. Provides that members shall serve without compensation. Provides that the Office of the Governor shall provide administrative and technical support to the Council, including a staff member to serve as ethics officer. Provides for meetings of the Council. Provides that the Council shall issue semi-annual reports on its policy recommendations by June 30th and December 31st of each year to the Governor and the General Assembly. Provides for the focus of the content of the reports. Senate Floor Amendment No. 1 Replaces everything after the enacting clause with the provisions of the engrossed bill and makes the following changes. Changes the name of the Illinois Asian Indian American Advisory Council to the Illinois Indian American Advisory Council. Throughout the Act, changes references to "Asian Indian" to "Indian". Provides that the 21 appointed members of the Council are voting members and the ex officio members of the Council are nonvoting members. Makes grammatical and typographical corrections.

Creates the Ensuring a More Qualified, Competent, and Diverse Community Behavioral Health Workforce Act. Requires the Department of Human Services, Division of Mental Health, to award grants or contracts to licensed community mental health centers or behavioral health clinics to establish or enhance training and supervision of interns and behavioral health providers-in-training pursuing licensure as a licensed clinical social worker, licensed clinical professional counselor, and licensed marriage and family therapist. Creates the Mental Health Assessment Reform Act to remove barriers to care in the Medicaid mental health assessment and treatment planning process. Creates the Recovery and Mental Health Tax Credit Act. Requires the Department to establish and administer a recovery tax credit program to provide tax incentives to qualified employers who employ eligible individuals in recovery from a substance use disorder or mental illness in part-time and full-time positions. Creates an Advisory Council to advise the Department regarding employment of persons with mental illnesses and substance use disorders in minority communities. Amends the Illinois Income Tax Act to make conforming changes. Amends the Department of Healthcare and Family Services Law of the Civil Administrative Code. Requires the Department of Healthcare and Family Services to take all necessary action to ensure that proposed modifications, additions, deletions, or amendments to the healthcare and behavioral healthcare (mental health and substance use disorder) provisions of the Illinois Public Aid Code are announced, shared, disseminated, and explained prior to the Department undertaking such proposed modifications, if legally possible and subject to federal law. Amends the Clinical Social Work and Social Work Practice Act. Provides that an individual applying for licensure as a clinical social worker who has been licensed at the independent level in another jurisdiction for 5 (rather than 10) consecutive years without discipline is not required to submit proof of completion of education and supervised clinical professional experience. Makes similar changes to the Marriage and Family Therapy Licensing Act and to the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act. Effective immediately. Senate Committee Amendment No. 1 Adds reference to: 225 ILCS 15/13 from Ch. 111, par. 5363 225 ILCS 20/11 from Ch. 111, par. 6361 225 ILCS 107/50 Reinserts the provisions creating the Recovery and Mental Health Tax Credit Act with the following changes: Requires the Department of Human Services to maintain an electronic listing of the tax credit certificates it issues under the recovery tax credit program so that the Department of Revenue may confirm the eligibility of qualified employers for the tax credit. Provides that the tax credit authorized under the Act may not be carried forward. Contains provisions concerning tax credits for partners, shareholders of S corporations, and owners of limited liability companies. Makes other changes. Amends the Illinois Income Tax Act. Provides that a taxpayer who has been awarded a credit under the Recovery and Mental Health Tax Credit Act is entitled to a credit against the tax imposed under specified provisions of the Illinois Income Tax Act. Amends the Clinical Psychologist Licensing Act, the Clinical Social Work and Social Work Practice Act, and the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act. Provides that notwithstanding any other provision of law certain requirements set forth in those Acts to restore an inactive or expired license of 5 years or less are suspended for specified licensed clinicians who have had no disciplinary action taken against their licenses in this State or in any other jurisdiction during the entire period of licensure. Senate Floor Amendment No. 2 Deletes reference to: 5 ILCS 100/5-45.21 new Removes provisions creating the Mental Health Assessment Reform Act. Removes amendatory changes made to the Illinois Administrative Procedure Act permitting the Department of Healthcare and Family Services to adopt emergency rules to implement the Mental Health Assessment Reform Act. Senate Floor Amendment No. 3 Reinserts the provisions creating the Recovery and Mental Health Tax Credit Act with the following changes: Requires the Department of Human Services to maintain an electronic listing of the certificates of tax credit issued by which the Department of Revenue may verify tax credit certificates issued to qualifying employers. Provides that the tax credit authorized under the Act may not be carried forward. Provides that a taxpayer who is a qualified employer who has received a certificate of tax credit from the Department shall be allowed a credit against the tax imposed equal to the amount shown on such certificate of tax credit. Provides that if the taxpayer is a partnership or Subchapter S corporation the credit shall be allowed to the partners or shareholders in accordance with the determination of income and distributive share of income as provided under specified provisions of the Internal Revenue Code. Makes other changes. Amends the Illinois Income Tax Act. Provides that for taxable years beginning on or after January 1, 2023, a taxpayer who has been awarded a credit under the Recovery and Mental Health Tax Credit Act is entitled to a credit against the tax imposed under specified provisions of the Illinois Income Tax Act. Senate Floor Amendment No. 5 Deletes reference to: 20 ILCS 2205/2205-40 new Removes the amendatory changes made to the Department of Healthcare and Family Services Law requiring the Department of Healthcare and Family Services to take all necessary action to ensure that proposed modifications, additions, deletions, or amendments to the healthcare and behavioral healthcare (mental health and substance use disorder) provisions of the Illinois Public Aid Code are announced, shared, disseminated, and explained prior to the Department undertaking such proposed modifications, if legally possible. House Floor Amendment No. 1 Further amends the Clinical Psychologist Licensing Act. In a provision suspending the requirements under the Act for restoration of an inactive or expired clinical psychologist license, provides that an individual may not restore his or her license more than once. Further amends the Clinical Social Work and Social Work Practice Act. In a provision suspending the requirements under the Act for restoration of an inactive or expired clinical social worker license, provides that an individual may not restore his or her license more than once. Removes a provision exempting individuals applying for a clinical social worker license who are licensed in another jurisdiction from submitting proof of passage of the examination for the practice of clinical social work as authorized by the Department of Financial and Professional Regulation. Further amends the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act. In a provision suspending the requirements under the Act for restoration of an inactive or expired clinical professional counselor license, provides that an individual may not restore his or her license more than once. Makes other changes. House Floor Amendment No. 3 Adds reference to: 210 ILCS 49/1-102 Further amends the Specialized Mental Health Rehabilitation Act of 2013. Defines the term "APRN". Provides that, for purposes of the Act, any required psychiatric visit to a consumer may be conducted by an APRN or by a physician.