Rep. Robyn Gabel

RESOLVED, BY THE SENATE OF THE ONE HUNDRED THIRD GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES CONCURRING HEREIN, that when the two Houses adjourn on Wednesday, February 08, 2023, the Senate stands adjourned until Tuesday, February 14, 2023, or until the call of the President; and the House of Representatives stands adjourned until Tuesday, February 14, 2023, or until the call of the Speaker.

Adopts the House Rules for the 103rd General Assembly.

Amends the School Code. Makes a technical change in a Section concerning the school lunch program.

Amends the Telehealth Act. Provides that the definition of "health care professional" includes athletic trainers. Senate Floor Amendment No. 1 Deletes reference to: 225 ILCS 150/5 Adds reference to: 5 ILCS 430/20-5 20 ILCS 5/5-222 20 ILCS 605/1105 new 20 ILCS 730/5-5 20 ILCS 730/5-40 20 ILCS 3855/1-70 55 ILCS 5/5-12020 220 ILCS 5/8-402.2 220 ILCS 5/16-107.7 new Replaces everything after the enacting clause. Amends the State Officials and Employees Ethics Act. Provides that the Director of the Executive Ethics Commission shall be appointed for a term of 2 years for appointments made before the effective date of the amendatory Act and for a term of 4 years for appointments made on or after the effective date of the amendatory Act. Amends the Civil Administrative Code of Illinois. Provides that the Director of the Illinois Power Agency must have at least 10 years (rather than 15 years) of combined experience in the electric industry. Provides that the Director must have experience with the renewable energy industry and an understanding of the programs established by Public Act 102-662 intended to promote equity in the renewable energy industry. Amends the Energy Transition Act. Provides that the definition of "community-based organizations" means an organization that, among other requirements, utilizes at least one training facility in the community or region it serves (rather than having at least one main operating office in the community or region it serves). Provides that, in provisions concerning the Illinois Climate Works Preapprenticeship Program, an eligible organization may serve as the designated Climate Works Hub for all 5 regions of the Climate Works Hub. Amends the Illinois Power Agency Act. Provides that for terms beginning on or after the effective date of the amendatory Act, the Director of the Illinois Power Agency shall receive an annual salary in an amount equal to the Director of the Environmental Protection Agency's annual salary (rather than $100,000). Amends the Counties Code. Provides that there shall be at least one public hearing during which public comment shall be taken regarding the application for siting approval or a special use permit for a commercial wind energy facility or commercial solar energy facility. Provides that the public hearing shall be conducted in accordance with the Open Meetings Act and shall be held not more than 45 days after the filing of an application for siting approval or a special use permit for a commercial wind energy facility or commercial solar energy facility. Provides that the county shall make its decision not more than 30 days after the conclusion of the public hearing. Removes a provision that allows any part of a county zoning ordinance pertaining to wind farms that was in effect before August 16, 2007 to continue in effect notwithstanding the provision. Provides that a county with an existing zoning ordinance in conflict with the provisions shall amend such zoning ordinance to be in compliance within 120 days after the effective date of the amendatory Act. Specifies setback requirements, restrictions on blade tip height, sound limitations, and other restrictions on and regulations for commercial wind energy facilities and commercial solar energy facilities. Includes other provisions limiting a county's ability to regulate commercial wind energy facilities and commercial solar energy facilities, and grants counties certain other powers in the regulation of commercial wind energy facilities and commercial solar energy facilities. Amends the Public Utilities Act. Provides that each utility's Public Schools Carbon-Free Assessment program shall include the following requirements: each utility shall retain a copy of each Public Schools Carbon-Free Assessment report; the Illinois Power Agency shall promptly make the results of each Public Schools Carbon-Free Assessment available for public inspection on its website; and utilities shall prioritize the completion of Public Schools Carbon-Free Assessments for schools located within environmental justice communities or schools that are categorized as a Tier 1 or Tier 2 school based on the lasts annual evidence-based funding distribution process by the State Board of Education. Effective immediately. Provides that an electric utility serving adversely impacted residential and small commercial customers shall notify the Illinois Commerce Commission of the same and provide the results of the calculations set forth in the provisions concerning assisting qualifying customers through a power price mitigation rebate. Provides that any electric utility that provides notice to the commission of qualification under the provisions concerning the power price mitigation rebate shall concurrently file a tariff with the Commission that provides for a monthly rebate credit to be given to all residential and small commercial customers. Provides that the tariff shall provide that the total funds appropriated by the Department of Commerce and Economic Opportunity shall be divided equally and issued to all of its active residential and small commercial customers. Provides that the Commission shall have 5 days from the date an electric utility files the tariff to review the tariff for compliance, and the tariff shall go into effect no later than 7 days from the original tariff filing date or one day from the date of any compliance filing. Provides that upon receipt of notice from the Commission, the Department shall transfer $200,000,000 to the eligible electric utility serving adversely impacted residential and small commercial customers. Provides that each electric utility providing a monthly rebate credit to its customers shall include a statement as part of a bill insert reflecting a monthly rebate credit to customers. Provides that an electric utility with a tariff shall be entitled to recover the reasonable and prudent expenses incurred and shall have an obligation to provide monthly rebate credits to customers only to the extent there are funds available to the utility to provide monthly rebate credits. Makes a conforming change in the Department of Commerce and Economic Opportunity Law. Effective immediately. Senate Floor Amendment No. 4 Removes the changes to the State Officials and Employees Ethics Act by removing language providing that the Director of the Illinois Power Agency shall be appointed by a majority of the commissioners of the Executive Ethics commission, subject to Senate confirmation, for a term of 2 years for appointments made before the effective date of the amendatory Act and for a term of 4 years for appointments made on or after the effective date of the amendatory Act. In the Department of Commerce and Economic Opportunity Law, provides that subject to appropriation from such funds made available (rather than just subject to appropriation), the Department of Commerce and Economic Opportunity shall transfer $200,000,000 to an eligible electric utility serving adversely impacted residential and small commercial customers pursuant to provisions concerning the power price mitigation rebate. In the Energy Transition Act: removes changes to the definition of "community-based organizations"; and removes language providing that the Department of Commerce and Economic Opportunity shall initially select a community-based provider in each region and shall subsequently select a community-based provider in each region every 3 years. In the Public Utilities Act: removes language providing that each utility must retain a copy of each Public Schools Carbon-Free Assessment report; provides that the results of each Public Schools Carbon-Free Assessment shall be memorialized by the utility or by a third party acting on behalf of the utility in a usable report form that includes recommendations and redacts all confidential information and shall be provided to the applicable public school; provides that each utility shall be required to retain a copy of each Public Schools Carbon-Free Assessment report and to provide copies of each usable report to the Agency and the Illinois Capital Development Board within 3 months of its completion; in provisions concerning the power price mitigation, provides that the tariff shall provide that the monthly rebate credit will be reflected on customer bills beginning at the start of a monthly billing period and continue through the October (instead of the May) 2023 billing period; and deletes language providing that, upon receipt of notice from the Commission, the Department of Commerce and Economic Opportunity shall transfer $200,000,000 to the eligible electric utility serving adversely impacted residential and small commercial customers.

Amends the Regulatory Sunset Act. Provides that the Wholesale Drug Distribution Licensing Act is repealed on January 1, 2028 (instead of January 1, 2023). Amends the Wholesale Drug Distribution Licensing Act. Defines "address of record", "email address of record", and "suspicious order". Changes the definition of "wholesale drug distributor". Provides that applicants and licensees must provide a valid address and email address to the Department of Financial and Professional Regulation and must inform the Department of any change of these within 14 days. Provides that each licensee required to report suspicious orders shall submit such report to the Department. Provides that an individual taxpayer identification number can be included on the application for an original license, the application can be made in writing or electronically, and the application shall be accompanied by the required, nonrefundable fee. Provides that any licensee who engages in the licensed practice while the license is expired shall be considered to be practicing without a license which is grounds for discipline. Removes provisions that provide that: the Department shall present to the State Board of Pharmacy of the Department for review all appropriation requests from the Illinois State Pharmacy Disciplinary Fund; the Department shall maintain a roster of the names and addresses of all registrants and all persons whose licenses have been suspended or revoked; and rules that set detailed standards for meeting each license prerequisite requirements shall be adopted no later than September 14, 1992. Provides that the written notice of disciplinary hearing may be served by email or physical mail to the respondent's email of record or address of record. Provides that the Department may subpoena and compel the relevant documents in connection with any hearing. Provides that if the Secretary of Financial and Professional Regulation disagrees with the recommendation of the Board or hearing officer, the Secretary may issue an order in contravention of the recommendation. Provides that the sanctions imposed upon the accused by the Department shall remain in full force and effect in order to protect the public pending final resolution of the proceedings. Repeals a provision concerning references to the Department or Director of Professional Regulation. Makes corresponding and other changes. Section 5 and Section 99 take effect upon becoming law. House Floor Amendment No. 1 Removes language providing that "wholesale drug distributor" includes virtual wholesalers or virtual distributors. Senate Floor Amendment No. 5 Deletes reference to: 5 ILCS 80/4.33 5 ILCS 80/4.38 225 ILCS 120/15 from Ch. 111, par. 8301-15 225 ILCS 120/15.5 new 225 ILCS 120/21 new 225 ILCS 120/27 225 ILCS 120/30 from Ch. 111, par. 8301-30 225 ILCS 120/31 new 225 ILCS 120/35 from Ch. 111, par. 8301-35 225 ILCS 120/40 from Ch. 111, par. 8301-40 225 ILCS 120/50 from Ch. 111, par. 8301-50 225 ILCS 120/57 225 ILCS 120/70 from Ch. 111, par. 8301-70 225 ILCS 120/75 from Ch. 111, par. 8301-75 225 ILCS 120/80 from Ch. 111, par. 8301-80 225 ILCS 120/85 from Ch. 111, par. 8301-85 225 ILCS 120/100 from Ch. 111, par. 8301-100 225 ILCS 120/105 from Ch. 111, par. 8301-105 225 ILCS 120/110 from Ch. 111, par. 8301-110 225 ILCS 120/115 from Ch. 111, par. 8301-115 225 ILCS 120/120 from Ch. 111, par. 8301-120 225 ILCS 120/125 from Ch. 111, par. 8301-125 225 ILCS 120/135 from Ch. 111, par. 8301-135 225 ILCS 120/140 from Ch. 111, par. 8301-140 225 ILCS 120/155 from Ch. 111, par. 8301-155 225 ILCS 120/165 from Ch. 111, par. 8301-165 225 ILCS 120/200 225 ILCS 120/3 rep. Adds reference to: New Act 775 ILCS 55/1-10 775 ILCS 55/1-20 740 ILCS 180/2.2 from Ch. 70, par. 2.2 215 ILCS 5/356z.3a 55 ILCS 5/5-1069.3 65 ILCS 5/10-4-2.3 105 ILCS 5/10-22.3f 215 ILCS 124/10 215 ILCS 130/4003 from Ch. 73, par. 1504-3 20 ILCS 2630/3.2 from Ch. 38, par. 206-3.2 225 ILCS 60/22 from Ch. 111, par. 4400-22 225 ILCS 65/65-65 was 225 ILCS 65/15-55 225 ILCS 65/70-5 was 225 ILCS 65/10-45 225 ILCS 85/30 from Ch. 111, par. 4150 225 ILCS 85/30.1 5 ILCS 100/5-45.35 new 225 ILCS 95/4 from Ch. 111, par. 4604 225 ILCS 95/9.7 new 225 ILCS 95/21 from Ch. 111, par. 4621 225 ILCS 95/22.2 from Ch. 111, par. 4622.2 225 ILCS 95/22.3 from Ch. 111, par. 4622.3 225 ILCS 95/22.5 from Ch. 111, par. 4622.5 225 ILCS 95/22.6 from Ch. 111, par. 4622.6 225 ILCS 95/22.7 from Ch. 111, par. 4622.7 225 ILCS 95/22.8 from Ch. 111, par. 4622.8 225 ILCS 95/22.9 from Ch. 111, par. 4622.9 225 ILCS 95/22.10 from Ch. 111, par. 4622.10 225 ILCS 60/2 from Ch. 111, par. 4400-2 225 ILCS 60/66 new 225 ILCS 65/65-11 new 225 ILCS 65/65-11.5 new 225 ILCS 6/60 225 ILCS 15/15 from Ch. 111, par. 5365 225 ILCS 20/19 from Ch. 111, par. 6369 225 ILCS 55/85 from Ch. 111, par. 8351-85 225 ILCS 107/80 225 ILCS 130/75 225 ILCS 135/95 775 ILCS 55/1-25 225 ILCS 150/10 225 ILCS 150/15 225 ILCS 60/49.5 30 ILCS 105/5.990 new 225 ILCS 85/43 210 ILCS 170/5 210 ILCS 170/30 55 ILCS 5/3-4006 from Ch. 34, par. 3-4006 410 ILCS 210/1.5 225 ILCS 60/23 from Ch. 111, par. 4400-23 750 ILCS 46/704 750 ILCS 46/709 215 ILCS 5/356z.4a 735 ILCS 35/3 735 ILCS 35/3.5 new 725 ILCS 220/2 from Ch. 38, par. 156-2 725 ILCS 225/6 from Ch. 60, par. 23 215 ILCS 5/356z.60 new 5 ILCS 375/6.11 215 ILCS 125/5-3 from Ch. 111 1/2, par. 1411.2 215 ILCS 165/10 from Ch. 32, par. 604 305 ILCS 5/5-16.8 Replaces everything after the enacting clause. Amends the Reproductive Health Act. Includes assisted reproduction in the definition of "reproductive health care". Requires a lawsuit brought under the Act to be commenced within 2 years after the cause of action was discovered. Allows a person to recover damages when a judgment was entered against the person for reproductive health care services that are permitted under Illinois law. Amends the Wrongful Death Act. Provides that there shall be no cause of action against a health care professional, medical institution, or pregnant person (rather than a physician) for the wrongful death of a fetus caused by an abortion where the abortion was permitted by law and the requisite consent was lawfully given. Amends various licensing Acts to restrict the Department of Financial and Professional Regulation from taking action against a license or permit issued under those Acts based solely upon the license of the person being revoked or the person otherwise being disciplined by any other state or territory for actions related to any health care, medical service, or procedure if the revocation or disciplinary action was based solely on a violation of the other state's law prohibiting such action performed in any state for any person and such conduct is permissible under State law. Amends the Physician Assistant Practice Act of 1987, the Medical Practice Act of 1987, and the Nurse Practice Act. Allows the Department of Financial and Professional Regulation to issue temporary permits for health care to a person who is licensed to practice under Acts equivalent to those in another state. Amends the Reproductive Health Act. Allows an advanced practice registered nurse or physician assistant to perform abortion procedures that do not require general anesthesia. Requires a health care professional's report of each abortion to be transmitted to the Department of Public Health on a quarterly basis (rather than not later than 20 days following the end of the month in which the abortion is performed). Provides that such reports are not admissible as evidence or discoverable in any action of any kind. Allows the Department to make aggregate data derived from the reports publicly available so long as such disclosure does not reveal any identifying information about a patient or health care professional. Amends the Telehealth Act. Allows a health care professional with a temporary permit for health care to treat a patient located in the State through telehealth services. Creates the Abortion Care Clinical Training Program Act. Requires the Department of Public Health to administer an Abortion Care Clinical Training Program. Sets forth Program administration and reporting, coordinating organization duties, and rules. Creates the Abortion Care Clinical Training Program Fund. Amends the Pharmacy Practice Act. Allows pharmacists to dispense hormonal contraceptives without prior establishment of a relationship between the pharmacist and the person receiving hormonal contraception. Provides that no employee of the Department of Public Health shall be liable for injury caused by the pharmacist's or patient's use of the self-screening assessment or the dispensation of hormonal contraceptives. Amends various Acts to remove references to the Parental Notice of Abortion Act of 1995. Amends the Illinois Parentage Act of 2015. Provides that the terms of the most recent informed consent governs the disposition of a fertilized ovum when the intended parent or parents no longer wish to use any remaining cryopreserved fertilized ovum. Amends the Illinois Insurance Code. Requires abortion care coverage to include medications prescribed for the purpose of producing an abortion with or without proof of pregnancy. Requires coverage for abortifacients, hormonal therapy, and human immunodeficiency virus pre-exposure prophylaxis and post-exposure prophylaxis. Creates the Lawful Health Care Activity Act. Provides that the laws of the State govern in any case or controversy heard in the State related to lawful health care activity. Amends the Uniform Interstate Depositions and Discovery Act. Prohibits a clerk of court from issuing a subpoena based on a foreign subpoena that: requests information or documents related to lawful health care activity; or is related to the enforcement of another state's law that would interfere with an individual's rights under the Reproductive Health Act. Amends the Uniform Act to Secure the Attendance of Witnesses from Within or Without a State in Criminal Proceedings. Restricts a subpoena, summons, or order from being issued for a witness to provide information or testimony in relation to any proceeding if the charge is based on conduct that involves lawful health care activity that is not unlawful in the State. Amends the Uniform Criminal Extradition Act. Provides that the Governor shall not surrender a person if the charge is based on conduct that involves seeking, providing, receiving, assisting in seeking, providing, or receiving, providing material support for, or traveling to obtain lawful health care that is not unlawful under the laws of the State. Creates the Protecting Reproductive Health Care Services Act. Provides that when any person has had a judgment entered against such person, in any state, where liability is based on the alleged provision, receipt, assistance in receipt or provision, material support for, or any theory of vicarious, joint, several, or conspiracy liability derived therefrom, for reproductive health care services that are permitted under the laws of the State, such person may recover damages from any party that brought the action leading to that judgment or has sought to enforce that judgment. Makes other and conforming changes in various other Acts. Effective immediately. Senate Floor Amendment No. 6 In the Nurse Practice Act, provides that a health care institution shall not take any adverse action as a result of an adverse action against a person's license or clinical privileges or other disciplinary action by another state or health care institution that resulted from the person's provision of, authorization of, recommendation of, aiding or assistance with, referral for, or participation in any health care service if the adverse action was based solely on a violation of the other state's law prohibiting the provision of such health care and related services in the state or for a resident of the state if that health care service would not have been unlawful under the laws of this State and is consistent with the standards of conduct for advanced practice registered nurses practicing in Illinois.

Creates the Illinois Rust Belt to Green Belt Pilot Program Act. Creates the Illinois Rust Belt to Green Belt Fund as a special fund in the State treasury (and makes a conforming change in the State Finance Act). Provides that the fund shall be used by the Department of Commerce and Economic Opportunity to encourage and facilitate work on a new utility-scale offshore wind project or related port. Provides that applicants that are applying for a new utility-scale offshore wind project with the Illinois Power Agency shall file with the Department, as part of their application, an equity and inclusion plan. Amends the Illinois Power Agency Act. In provisions concerning the procurement of renewable energy credits, provides that in addition to the amount of renewable energy credits to be procured from wind projects, the Illinois Power Agency shall procure at least 700,000 renewable energy credits, delivered annually for at least 20 years, from one new utility-scale offshore wind project. Provides that the Agency shall conduct at least one new utility-scale offshore wind procurement within 360 days after the effective date of the amendatory Act. Provides that before submitting a proposal to the Agency in response to new utility-scale offshore wind procurement, an applicant must first submit to the Department a separate application for equity and inclusion plan scoring. Provides for a scoring system the Agency shall use in evaluating an applicant's proposal. Defines terms. Makes other changes.

Amends the Medical Assistance Article of the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services to update its fee schedule for complex rehabilitation technology products and associated services to 100% of Medicare (2022) rural rates for such products and services. Provides that for claims submitted by providers of complex rehabilitation technology products and associated services, the Department shall implement use of the "KU" modifier and associated Medicare payment rates in accordance with the Further Consolidated Appropriations Act, 2020 (Public Law 116-94). Requires the Department to reimburse providers of complex rehabilitation technology services and associated services for the full amount of time required to complete any repairs made to any device or equipment authorized by the Department for a recipient of medical assistance.

Amends the Currency Exchange Act. Makes a technical change in a Section concerning the short title. Senate Floor Amendment No. 1 Deletes reference to: 205 ILCS 405/0.1 Adds reference to: New Act Replaces everything after the enacting clause. Creates the Illinois Regional Generation Reliability Task Force Act. Sets forth findings of the General Assembly. Creates the Illinois Regional Generation Reliability Task Force. Provides that the Task Force shall monitor the reliability of the Illinois power grid. Contains provisions concerning: the membership of the Task Force; duties of the Task Force; administrative support; and an annual report. Effective immediately.

Amends the Public Utilities Act. Provides that the energy transition assistance charge shall not exceed 1.3% of the amount paid per kilowatthour by eligible retail customers during the year ending May 31, 2009.

Creates the Bad Apples in Law Enforcement Accountability Act of 2021. Provides that a peace officer subjecting another person to the deprivation of individual rights is liable to the person for appropriate relief. Excludes sovereign immunity, statutory immunity, and statutory damages for claims brought under this provision. Provides that qualified immunity is not a defense to liability under this provision. Allows attorney's fees and costs to be awarded to the plaintiff. Provides that civil actions brought under this provision must be commenced within 5 years after the cause of action accrues. Requires units of local government to make public disclosures regarding judgments or settlements awarded under this provision. Determines what information is not required to be disclosed by the unit of local government. Fiscal Note (Illinois Court of Claims) The Illinois Court of Claims cannot provide an estimated cost to the State of Illinois if House Bill 1727 is passed. The Court has jurisdiction over State agencies, not individual State employees. It is not possible to forecast what future lawsuits may be filed, nor the facts surrounding the alleged events and/or potential awards by the Court.