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.
Sponsored bills
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 Insurance Code and the Health Maintenance Organization Act. Provides that all individual and small group accident and health policies written subject to certain federal standards must file rates with the Department of Insurance for approval. Provides that unreasonable rate increases or inadequate rates shall be disapproved. Provides that when an insurer files a schedule or table of premium rates for individual or small employer health benefit plans, the Department of Insurance shall post notice of the premium rate filings, rate filing summaries, and other information about the rate increase or decrease online on the Department's website. Provides that the Department shall open a 30-day public comment period on the date that a rate filing is posted on the website. Provides that after the close of the public comment period, the Department shall issue a decision to approve, disapprove, or modify a rate filing, and post the decision on the Department's website. Provides that the Department shall adopt rules implementing specified procedures. Defines "inadequate rate" and "unreasonable rate increase".
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 Department of Human Services Act. Creates the Mental Health and Substance Use Disorder Oversight Officer (Officer) within the Department of Human Services under the Secretary of Human Services. Provides that the Officer shall be appointed by the Governor with the advice and consent of the Senate. Permits the Officer to: (i) maintain a staff; (ii) make recommendations for policy, statute, and rule changes; (iii) collect data on the opioid crisis; (iv) ensure the coordination of efforts between various State agencies involved in treating mental health and substance use disorders within the State; and (v) encourage, promote, suggest, and report best practices for treating mental health and substance use disorders in Illinois. Prohibits the Officer from participating in the issuance of any licensing or certification of mental health or substance use disorder treatment services. Prohibits the Officer from participating in any adjudicative decision-making process involving licensing, certification, or licensee discipline. Permits the Officer to compile, collect, or otherwise gather data necessary for the administration of the amendatory Act and to carry out the Officer's duties relating to the recommendation of policy changes. Amends the State Finance Act. Creates the Mental Health and Substance Use Disorder Oversight Officer Fund. Provides that moneys in the fund shall be expended for the Officer, its staff, and its activities and for no other purpose. Effective immediately.
Amends the Aid to the Aged, Blind or Disabled Article of the Illinois Public Aid Code. 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 of Human Services, an applicant may use available resources to purchase certain prepaid funeral or burial contracts, or make an irrevocable assignment of benefits to purchase such funeral or burial services and products after death.
Creates the In-home Electric Vehicle Charging Infrastructure Act. Provides that if the construction of one or more new housing units or major renovations will include at least one garage, carport, or driveway for each housing unit, the builder or the builder's agent shall provide each buyer, prospective buyer, or homeowner with the option to include either an electric vehicle charging station capable of at least level 2 charging or equipment to support the later addition of a such a charging station in or on the garage, carport, or driveway. Requires a builder to give a buyer or homeowner notice of this requirement along with information on available rebate programs for installing an electric charging station. Requires the buyer or homeowner to provide notice of receipt. Provides a private right of action for persons aggrieved by a violation of the Act. Effective July 1, 2022.
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 Interagency Wetland Policy Act of 1989. Sets forth that State agencies shall avoid adverse impacts to unprotected wetlands by requiring the issuance of a license signed by the Director of the Department of Natural Resources and authenticated by the seal thereof. Provides that State agencies shall work to prevent or reduce overall net loss of the State's existing wetland acres or their functional value due to State-licensed activities. Adds the definitions of "unprotected wetland", "protective county program", and "nonprohibited discharge of dredged fill or materials" to the Act. Creates the State Wetland Conservation Fund. Provides that the Department of Natural Resources shall grant a license for certain activities in unprotected wetlands to applicants who pay a fee per acre of wetland to be adversely impacted by such activities. Provides that the fee shall be progressive and based on the quality of the wetland or wetlands to be adversely impacted. Provides that revenues raised from the fees shall be placed in the State Wetland Conservation Fund. Makes a corresponding change in the State Finance Act. 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.