Sen. Sara Feigenholtz

Creates the Recovery and Mental Health Tax Credit Act. Provides that the Department of Human Services shall 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 within Illinois. Creates the Advisory Council on Mental Illness and Substance Use Disorder Impacts on Employment Opportunities within Minority Communities. Sets forth the membership of the Council. Provides that the Council shall advise the Department of Human Services regarding employment of persons with mental illnesses and substance use disorders in minority communities. Amends the Illinois Income Tax Act to make conforming changes. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill 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. Senate Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of Senate Amendment No. 1 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.

Creates the Tourism Marketing and Recovery District Law. Provides that a governmental unit (a municipality, county, township, or any combination thereof) may, by ordinance, initiate proceedings to create a tourism marketing and recovery district that would allow a transaction charge to be imposed upon customer transactions entered into by tourism businesses in the district and such charges may be based on revenue, sales, or any other business-related factor deemed appropriate by the governing body. Provides that the transaction charge collected by the governmental unit shall be remitted to a tourism and convention bureau to be used for marketing, promotions, sales efforts, events, and other activities that are reasonably related to the enhancement of tourism. Provides for the creation of a district plan, public hearing requirements, requirements of an ordinance forming a district, annual reports, modification of a district plan, expiration and renewal, termination, and challenges to the validity of the creation of the district or transaction charges. Defines terms.

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 Medical Assistance Article of the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services to cover immunosuppressive drugs and related services associated with post-kidney transplant management for noncitizens who are not eligible for comprehensive medical benefits but meet certain residency and financial requirements under the Code. Effective immediately.

Amends the Illinois Income Tax Act. Creates an income tax credit for an employer who hires a qualified employee to work at a location in the State. Sets forth the amount of the credit. Provides that the credit shall be increased if (i) the qualified employee is hired to work at a location in a disproportionately impacted area or (ii) on the date the qualified employee is hired, the qualified employee resides in a disproportionately impacted area. Limits the total amount of income tax credits that the Department of Commerce and Economic Opportunity may issue over the duration of the program. Provides that the term "qualified employee" means a resident of the State who is hired by the taxpayer to fill a full-time net new job and was unemployed as a result of COVID-19 prior to the date he or she was hired by the taxpayer. Provides that the term "qualified employee" does not include an individual who was furloughed by the taxpayer. Effective immediately.

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 Expressway Camera Act. In addition to offenses involving the use of a firearm, adds carjacking and other violent crimes as offenses that a law enforcement agency may investigate using images from an expressway camera. Provides that nothing in the Act shall prohibit the Illinois State Police from using images from an expressway camera to investigate any offense involving a violent crime. Removes the Act repeal date of July 1, 2023.

Amends the Illinois Public Aid Code. Makes a technical change in a Section concerning construction of the Code.

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.

Creates the Mind Strong Act. Requires the Department of Public Health, or a third party contractor with experience in successful public education and awareness campaigns selected by the Department of Public Health, to develop and lead a 2-year educational campaign within each of Illinois' 11 health regions on the availability of adult mobile crisis response services within each region. Requires the Department to work in collaboration with community stakeholders, including certain organizations, the Department of Healthcare and Family Services, and the Department of Human Services. Requires the public awareness campaign to begin no later than January 1, 2022. Sets forth certain requirements for the public awareness campaign, including that it be culturally competent and that any written materials be written in plain, easy-to-understand language and available in multiple languages that are representative of the communities in a particular health region. Lists the types of organizations that must be the focus of the educational campaign. Requires the Department of Human Services to establish, subject to appropriation, a grant program for adult mobile crisis response services to any adult age 18 or older experiencing a mental health or substance use crisis regardless of insurance status. Requires the Department of Healthcare and Family Services to develop and implement training and protocols for individuals answering crisis calls to the Crisis and Referral Entry Services (CARES) line. Contains provisions concerning the use of data to strengthen CARES line responses and adult mobile crisis response services, and other matters. Requires the Departments of Public Health, Human Services, and Healthcare and Family Services to adopt rules to implement the Act. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Creates the Alternatives to Crisis Escalation (ACE) Act. Requires the Department of Public Health, or a third-party contractor with experience in successful public education and awareness campaigns selected by the Department of Public Health, to develop and lead a 2-year educational campaign within each of Illinois' 11 health regions on the availability of adult mobile crisis response services within each region and how to access such services. Requires the Department to develop and implement this public awareness and educational campaign in collaboration with community stakeholders, including certain organizations, the Department of Healthcare and Family Services, and the Department of Human Services. Requires the public awareness campaign to begin no later than January 1, 2022 and to take into account crisis services, if any. Sets forth certain requirements for the public awareness campaign, including that it be culturally competent and that any written materials be written in plain, easy-to-understand language and available in multiple languages that are representative of the communities in a particular health region. Lists the types of stakeholders that shall be included as partner-stakeholders in the development of the campaign. Requires the Department of Human Services to establish, subject to appropriation, a grant program for the purposes of providing adult mobile crisis response services to any adult age 18 or older experiencing a mental health or substance use crisis regardless of insurance status. Requires the Department of Healthcare and Family Services to develop and implement training and protocols for individuals answering crisis calls to the Crisis and Referral Entry Services (CARES) line. Contains provisions concerning the use of data to strengthen CARES line responses and adult mobile crisis response services, and other matters. Requires the Departments of Public Health, Human Services, and Healthcare and Family Services to adopt rules to implement the Act. Effective immediately.