Sen. Celina Villanueva

Amends the State Finance Act. Modifies a Section concerning moneys in the Audit Expense Fund to provide for the transfer of moneys from specified funds into the Audit Expense Fund. Makes conforming changes. Effective immediately. House Committee Amendment No. 1 Deletes reference to: 30 ILCS 105/6z-27 Adds reference to: 305 ILCS 5/14-12 210 ILCS 50/32.5 Replaces everything after the enacting clause. Amends the Hospital Services Trust Fund Article of the Illinois Public Aid Code. In a provision requiring the Department of Healthcare and Family Services to make hospital transformation payments to hospitals participating in the hospital transformation program, provides that the hospital transformation payment amount allocated to a facility in State fiscal years 2019 through 2020 shall not be reduced or altered during State fiscal years 2021 and 2022 if: (1) the facility is located in a county having a population of more than 3,000,000; and (2) the facility was a licensed general acute care hospital that discontinued operations as a hospital on October 22, 2019 and has a Health Facilities and Services Review Board project number of E-024-19. Provides that the hospital transformation payment amount shall instead be paid to any entity that purchases the facility for the purpose of converting the facility to a freestanding emergency center, pending approval by the Health Facilities and Services Review Board of the permit to establish a freestanding emergency center as defined by the Health Facilities and Services Review Board. Amends the Emergency Medical Services (EMS) Systems Act. Provides that the Department of Public Health may issue an annual freestanding emergency center license to a facility that (i) is located in a county having a population of more than 3,000,000 and (ii) was approved to discontinue operations as a hospital by the Health Facilities and Services Review Board in calendar year 2019 under Health Facilities and Services Review Board project number E-024-19, if the facility complies with certain requirements under the Act. Effective immediately.

Amends the Environmental Protection Act. Provides requirements for the prohibition of the conduct of ethylene oxide sterilization operations or other activities that emit ethylene oxide (and, for ethylene oxide sterilization sources, propylene oxide). Requires entities to submit a plan to the Environmental Protection Agency describing how they will continuously collect emissions information. Provides requirements for emissions monitoring and testing. Requires specified hospitals to submit a plan to the Agency describing how the hospital will phase out the emissions of ethylene oxide by an established deadline. Provides that when issuing permits to ethylene oxide sterilization sources, hospitals, and ethylene oxide emissions sources, the Agency shall include limitations on the amount of ethylene oxide that may be stored on-site to protect public health, public safety, and the environment. Requires storage of ethylene oxide in excess of 100 pounds to be underground. Provides that the unit of local government in which an ethylene oxide sterilization source, hospital, or ethylene oxide emissions source is located may regulate the storage and location of ethylene oxide in a manner that is more restrictive or matches the standards established by the Agency. Requires the Agency to set annual emissions limitations on ethylene oxide for all ethylene oxide emissions sources. Provides that, on and after January 1, 2022, the maximum cumulative emissions from any sum of ethylene oxide emissions sources located within 3 and one half miles of each other shall not exceed 35 pounds annually. Requires the Agency to conduct a comprehensive review of ethylene oxide use and emissions within the State and to submit its findings in a report to the General Assembly. Effective immediately. House Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes: Defines and refers to the term "densely populated location" rather than "densely populated region". Provides that the terms "ethylene oxide emissions source" and "ethylene oxide sterilization source" are limited to stationary sources. Provides that on and after January 1, 2021, no ethylene oxide sterilization source in a remote location shall emit more than 30 pounds of ethylene oxide or 30 pounds of propylene oxide annually. Removes language allowing units of local government to create more restrictive standards for ethylene oxide storage. Provides that, prior to issuing specified permits, the Environmental Protection Agency shall require submission of documentation demonstrating that the permit applicant is in compliance with laws governing the storage of ethylene oxide. Requires all permits issued by the Agency to grant the Agency the authority to modify them to change storage limitations, modify storage practices or equipment requirements, and grant the Agency the right to conduct unannounced inspections. Requires the Agency to conduct at least one unannounced inspection annually of the ethylene oxide storage system for each permit holder. Provides that owners or operators of ethylene oxide sterilization sources or ethylene oxide emissions sources shall provide the Agency with specified materials within 10 (currently, 3) business days after receiving the Agency's conditional acceptance or denials of their plans. Removes provisions regarding the emission of more than 30 pounds of ethylene oxide or propylene oxide by an ethylene oxide emissions source meeting specified location requirements. Removes provisions that only permit the storage of ethylene oxide in excess of 100 pounds if it is underground. Provides that on and after January 1, 2023 (currently, January 1, 2025) critical access hospitals shall not conduct ethylene oxide sterilization operations in a densely populated location. Requires entities conducting ethylene oxide sterilization operations to submit a letter (currently, a plan) to the Agency. Removes provisions regarding a hospital's requirements concerning the plan. Provides that, on and after January 1, 2021, no ethylene oxide emissions source in a remote location shall conduct operations or other activities that emit ethylene oxide in excess of 30 pounds annually and 3 pounds monthly (currently, only 30 pounds annually). Prohibits ethylene oxide emissions sources from conducting operations or other activities that emit ethylene oxide in excess of 150 pounds annually. Requires the submission or resubmission of a risk management plan to the Agency by specified dates. Removes language requiring the Agency to conduct its comprehensive review within 180 days of the amendatory Act's effective and instead requires the Agency to submit and make publicly available its report on or before June 30, 2021. Provides that if multiple applicants request to emit ethylene oxide in a collective sum that is greater than the annual collective maximum regional emissions, the Agency shall prioritize applicants seeking to provide medical services. Makes other changes. Effective immediately. House Floor Amendment No. 2 Replaces everything after the enacting clause with the provisions of House Amendment No. 1 and removes language making the bill effective immediately. Balanced Budget Note, House Committee Amendment No. 1 (Office of Management and Budget) Please be advised that the Balanced Budget Note Act does not apply to House Bill 3888, as amended by House Amendment 1, as it is not a supplemental appropriation that increases or decreases appropriations. Under the Act, a balanced budget note must be prepared only for bills that change a general funds appropriation for the fiscal year in which the new bill is enacted. Balanced Budget Note, House Floor Amendment No. 2 (Office of Management and Budget) Please be advised that the Balanced Budget Note Act does not apply to House Bill 3888, as amended by House Amendment 2, as it is not a supplemental appropriation that increases or decreases appropriations. Under the Act, a balanced budget note must be prepared only for bills that change a general funds appropriation for the fiscal year in which the new bill is enacted. Pension Note, House Committee Amendment No. 1 (Government Forecasting & Accountability) HB 3888, as amended by HA 1, amends the Environmental Protection Act in a manner that will not impact any public pension fund or retirement system in Illinois. Pension Note, House Floor Amendment No. 2 (Government Forecasting & Accountability) HB 3888, as amended by HA 2, amends the Environmental Protection Act in a manner that will not impact any public pension fund or retirement system in Illinois. State Debt Impact Note, House Committee Amendment No. 1 (Government Forecasting & Accountability) HB 3888, as amended by House Amendment 1, would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness. State Debt Impact Note, House Floor Amendment No. 2 (Government Forecasting & Accountability) HB 3888, as amended by House Amendment 2, would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness. Land Conveyance Appraisal Note, House Committee Amendment No. 1 (Dept. of Transportation) No land conveyances are included in House Bill 3888 (H-AM 1) therefore, there are no appraisals to be filed. Land Conveyance Appraisal Note, House Floor Amendment No. 2 (Dept. of Transportation) No land conveyances are included in House Bill 3888 (H-AM 2) therefore, there are no appraisals to be filed. Fiscal Note, House Committee Amendment No. 1 (Illinois Environmental Protection Agency) The Illinois EPA anticipates accomplishing the mandates of the legislation with existing resources. Fiscal Note, House Floor Amendment No. 2 (Illinois Environmental Protection Agency) The Illinois EPA anticipates accomplishing the mandates of the legislation with existing resources. Judicial Note, House Committee Amendment No. 1 (Admin Office of the Illinois Courts) Based on a review of the bill, it has been determined that the proposed legislation would neither increase nor decrease the number of judges needed in the State of Illinois. Judicial Note, House Floor Amendment No. 2 (Admin Office of the Illinois Courts) Based on a review of the bill, it has been determined that the proposed legislation would neither increase nor decrease the number of judges needed in the State of Illinois. Senate Committee Amendment No. 1 Adds reference to: 415 ILCS 5/9.16 Replaces everything after the enacting clause with the provisions of the engrossed bill, and makes the following changes: Defines "emissions of ethylene oxide" and "emit ethylene oxide". Changes the definition of "remote location". Changes the beginning date of various requirements for ethylene oxide sterilization sources and ethylene oxide emissions sources. Changes the amount of ethylene oxide or propylene oxide an ethylene oxide sterilization source is allowed to emit annually to 50 pounds (currently 30 pounds). Provides that the Environmental Protection Agency shall set annual emissions limitations on ethylene oxide emissions. Provides that the requirements for ethylene oxide emissions sources apply to ethylene oxide emissions sources located in counties with a population of at least 700,000 or not in existence prior to January 1, 2020. Changes the amount of ethylene oxide an ethylene oxide emissions source in a densely populated location is allowed to emit to 110 pounds annually (currently 30 pounds annually and 3 pounds monthly). Provides additional requirements for an ethylene oxide emissions source in a densely populated location. Changes the amount of ethylene oxide an ethylene oxide emissions source in a remote location is allowed to emit to 50 pounds (currently 30 pounds) annually. Changes the facilities included in the calculation of the maximum cumulative emissions in a densely populated location to only ethylene oxide sterilization sources (currently includes ethylene oxide emissions sources and hospitals). Changes the sum of the maximum cumulative emissions of facilities in a densely populated area located within 3 and one-half miles of each other to 55 pounds (currently 35 pounds) annually. Provides that if a person applies to use ethylene oxide as a sterilant or fumigant at a facility not in existence prior to January 1, 2020, the Agency shall issue a permit for emission of ethylene oxide only if the nearest school or park is at least 10 miles from the permit applicant in counties with a population greater than 700,000.

Amends the Personnel Code. Provides that no person may be appointed from any eligible list unless that person becomes a resident of the State of Illinois within 3 months from the first day of employment. Senate Floor Amendment No. 1 Replaces everything after the enacting clause. Amends the Personnel Code. Provides that, for any position filled after December 31, 2019, no person may be appointed to a position based in the State of Illinois from any eligible list unless that person becomes a resident of the State of Illinois within 3 months from the person's first day of employment in that position or unless the residency requirement is waived for just cause by the Director of Central Management Services. Effective immediately. House Floor Amendment No. 2 Deletes reference to: 20 ILCS 415/8b.1 Adds reference to: 5 ILCS 420/1-102.5 new 5 ILCS 420/1-104.3 new 5 ILCS 420/1-104.4 new 5 ILCS 420/1-104.5 new 5 ILCS 420/1-105.2 new 5 ILCS 420/1-105.3 new 5 ILCS 420/1-105.5 new 5 ILCS 420/1-105.6 new 5 ILCS 420/1-105.7 new 5 ILCS 420/1-110 from Ch. 127, par. 601-110 5 ILCS 420/1-112.5 new 5 ILCS 420/1-113.6 new 5 ILCS 420/1-113.7 new 5 ILCS 420/4A-102 from Ch. 127, par. 604A-102 5 ILCS 420/4A-103 from Ch. 127, par. 604A-103 5 ILCS 420/4A-108 5 ILCS 420/4A-104 rep. 25 ILCS 170/2 from Ch. 63, par. 172 25 ILCS 170/5 25 ILCS 170/7 from Ch. 63, par. 177 Replaces everything after the enacting clause. Amends the Illinois Governmental Ethics Act. Creates a uniform statement of economic interest form that must be completed by all persons who are required to file that form under the Act. Changes the nature of the required disclosures that must be made. Requires candidates filing for Supreme Court Judge, appellate court judge, circuit court judge, or judicial retention to file his or her statement of economic interests in written or printed form. Repeals a provision that established a separate form for persons required to file a statement of economic interests with county clerks. Amends the Lobbyist Registration Act. Modifies the lobbyist registration and disclosure requirements. Requires the Secretary of State to create a publicly accessible and searchable database bringing together disclosures by registered lobbyists, contributions by registered lobbyists, and statements of economic interests required to be filed by State officials and employees. Defines terms. Adds applicability clause. Makes conforming changes. Effective upon becoming law, except that Sections 5 and 10 take effect January 1, 2020. House Floor Amendment No. 3 Deletes reference to: 20 ILCS 415/8b.1 Adds reference to: 25 ILCS 170/2 from Ch. 63, par. 172 25 ILCS 170/5 25 ILCS 170/7 from Ch. 63, par. 177 Replaces everything after the enacting clause. Amends the Lobbyist Registration Act. Modifies the lobbyist registration and disclosure requirements. Requires the Secretary of State to create a publicly accessible and searchable database bringing together disclosures by registered lobbyists, contributions by registered lobbyists, and statements of economic interests required to be filed by State officials and employees. Defines terms. Effective immediately.

Amends the Illinois Insurance Code. Creates the Pharmacy Benefits Managers Article. Provides that a pharmacy benefits manager may not prohibit a pharmacy or pharmacist from providing a customer with a more affordable alternative if a more affordable alternative is available. Senate Floor Amendment No. 1 Defines "pharmacy benefit manager" as an entity that administers or manages a pharmacy benefits plan or program for an accident and health insurer (rather than an entity that administers or manages a pharmacy benefits plan or program). House Floor Amendment No. 1 Deletes reference to: 215 ILCS 5/Art. XXXIIB heading new 215 ILCS 5/521.1 new Adds reference to: 10 ILCS 5/9-45 20 ILCS 2630/5.2 35 ILCS 105/3-10 35 ILCS 110/3-10 from Ch. 120, par. 439.33-10 35 ILCS 115/3-10 from Ch. 120, par. 439.103-10 35 ILCS 120/2-10 35 ILCS 143/10-5 55 ILCS 5/5-1006.8 65 ILCS 5/8-11-6a from Ch. 24, par. 8-11-6a 65 ILCS 5/8-11-23 205 ILCS 205/9002 from Ch. 17, par. 7309-2 410 ILCS 82/35 410 ILCS 130/60 410 ILCS 130/210 410 ILCS 705/1-5 410 ILCS 705/1-7 new 410 ILCS 705/1-10 410 ILCS 705/5-5 410 ILCS 705/5-15 410 ILCS 705/5-20 410 ILCS 705/5-25 410 ILCS 705/7-1 410 ILCS 705/7-10 410 ILCS 705/7-15 410 ILCS 705/7-25 410 ILCS 705/10-5 410 ILCS 705/10-10 410 ILCS 705/10-15 410 ILCS 705/10-25 410 ILCS 705/10-30 410 ILCS 705/10-35 410 ILCS 705/10-40 410 ILCS 705/10-50 410 ILCS 705/15-15 410 ILCS 705/15-20 410 ILCS 705/15-25 410 ILCS 705/15-30 410 ILCS 705/15-35 410 ILCS 705/15-36 410 ILCS 705/15-40 410 ILCS 705/15-55 410 ILCS 705/15-65 410 ILCS 705/15-70 410 ILCS 705/15-75 410 ILCS 705/15-85 410 ILCS 705/15-95 410 ILCS 705/15-100 410 ILCS 705/15-145 410 ILCS 705/15-155 410 ILCS 705/20-10 410 ILCS 705/20-15 410 ILCS 705/20-20 410 ILCS 705/20-30 410 ILCS 705/25-1 410 ILCS 705/25-10 410 ILCS 705/30-5 410 ILCS 705/30-10 410 ILCS 705/30-15 410 ILCS 705/30-30 410 ILCS 705/35-5 410 ILCS 705/35-15 410 ILCS 705/35-25 410 ILCS 705/35-31 410 ILCS 705/40-5 410 ILCS 705/40-10 410 ILCS 705/40-15 410 ILCS 705/40-20 410 ILCS 705/40-25 410 ILCS 705/40-30 410 ILCS 705/40-35 410 ILCS 705/40-40 410 ILCS 705/45-5 410 ILCS 705/50-5 410 ILCS 705/55-10 410 ILCS 705/55-20 410 ILCS 705/55-21 410 ILCS 705/55-25 410 ILCS 705/55-28 410 ILCS 705/55-30 410 ILCS 705/55-35 410 ILCS 705/55-65 410 ILCS 705/55-80 410 ILCS 705/55-85 410 ILCS 705/55-95 410 ILCS 705/60-5 410 ILCS 705/60-20 410 ILCS 705/65-5 410 ILCS 705/65-10 410 ILCS 705/65-15 625 ILCS 5/2-118.2 625 ILCS 5/6-206.1 from Ch. 95 1/2, par. 6-206.1 625 ILCS 5/11-501.10 720 ILCS 550/3 from Ch. 56 1/2, par. 703 720 ILCS 550/4 from Ch. 56 1/2, par. 704 720 ILCS 550/5 from Ch. 56 1/2, par. 705 720 ILCS 550/5.1 from Ch. 56 1/2, par. 705.1 720 ILCS 550/8 from Ch. 56 1/2, par. 708 720 ILCS 600/2 from Ch. 56 1/2, par. 2102 720 ILCS 600/3.5 720 ILCS 600/4 from Ch. 56 1/2, par. 2104 720 ILCS 600/6 from Ch. 56 1/2, par. 2106 725 ILCS 215/2 from Ch. 38, par. 1702 725 ILCS 215/3 from Ch. 38, par. 1703 Replaces everything after the enacting clause. Amends the Cannabis Regulation and Tax Act. Makes changes regarding definitions, references, terminology, discipline of licensees, disclosure of records, the Adult Use Cannabis Health Advisory Committee, the Restore, Reinvest, and Renew Program Board, Early Approval Adult Use Dispensing Organization Licenses, Conditional Adult Use Dispensing Organization Licenses, Adult Use Dispensing Organization Licenses, criteria for license issuance, dispensing organization requirements, violations and penalties, Community College Cannabis Vocational Pilot Program licenses, operating a watercraft or snowmobile while under the influence of cannabis, the legal status of cannabis paraphernalia, and technical and stylistic matters. Amends the Criminal Identification Act regarding pardons authorizing expungement of minor cannabis offenses and motions to vacate and expunge a conviction for certain violations of the Cannabis Control Act. Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act in relation to food consisting of or infused with adult use cannabis. Amends the Statewide Grand Jury Act by deleting references to a repealed Act. Amends the Counties Code and the Illinois Municipal by making changes regarding an ordinance or resolution imposing or discontinuing a cannabis retailers' occupation tax or effecting a change in the rate of such a tax as well as technical matters. Amends the Savings Bank Act regarding a savings bank or holding company providing financial services to a cannabis-related legitimate business. Amends the Smoke Free Illinois Act regarding the consumption of cannabis. Amends the Illinois Vehicle Code regarding validated roadside chemical tests, the DUI Cannabis Task Force, and other matters. Amends the Cannabis Control Act regarding industrial hemp. Amends the Compassionate Use of Medical Cannabis Program Act regarding driving records and other matters. Amends the Election Code, the Drug Paraphernalia Control Act, and the Tobacco Products Tax Act of 1995 by making conforming changes. Effective immediately. House Floor Amendment No. 2 Deletes reference to: 10 ILCS 5/9-45 Adds reference to: 5 ILCS 430/5-45 Removes the changes to the Election Code. Amends the State Officials and Employees Ethics Act. Provides that, on and after June 25, 2021, no officer, member, or spouse or immediate family member living with such person shall, during the officer or member's term in office or within a period of 2 years immediately after leaving office, hold an ownership interest, other than a passive interest in a publicly traded company, in any cannabis business establishment that is licensed under the Cannabis Regulation and Tax Act. Provides that any member of the General Assembly or spouse or immediate family member living with such person who has an ownership interest, other than a passive interest in a publicly traded company, in any cannabis business establishment that is licensed under the Cannabis Regulation and Tax Act on the effective date of the amendatory Act shall divest himself or herself of such ownership within one year after the effective date of the amendatory Act. Provides that no State employee who works for any State agency that regulates cannabis business establishment license holders who participated personally and substantially in the award of licenses under the Cannabis Regulation and Tax Act or a spouse or immediate family member living with such person shall, during State employment or within a period of 2 years immediately after termination of State employment, hold an ownership interest, other than a passive interest in a publicly traded company, in any cannabis license under the Cannabis Regulation and Tax Act. Eliminates certain changes that were made to the Criminal Identification Act by House Amendment No. 1. In provisions amending the Cannabis Regulation and Tax Act: adds an infuser organization into the definition of "cannabis business establishment"; restores language providing that "cannabis" does not include industrial hemp as defined and authorized under the Industrial Hemp Act; in a provision restricting use of cannabis in a public place, specifies that "public place" includes all areas in a park, recreation area, wildlife area, or playground owned in whole or in part, leased, or managed by a unit of local government and makes a technical change; provides that, as part of a cannabis business establishment incubator program option for an application for an Early Approval Adult Use Dispensing Organization License, an Early Approval Adult Use Dispensing Organization License, or an Early Approval Adult Use Cultivation Center License, the license holder agrees to provide a loan of at least $100,000 and mentorship to incubate, for at least a year, a Social Equity Applicant intending to seek a license or a licensee that qualifies as a Social Equity Applicant (rather than to a Social Equity Applicant); restores language regarding development and dissemination of educational information and public education campaigns regarding cannabis use and provides that the Department of Human Services (instead of the Department of Public Health) shall develop and disseminate that information; and eliminates changes that were made to certain provisions concerning conflicts of interest that were made by House Amendment No. 1 while making other changes to those provisions.

Condemns President Donald J. Trump's Migrant Protection Protocols denying entry to refugees at the Southern border and calls on him to immediately rescind this abhorrent policy that is placing vulnerable people at further risk of harm, and calls on the U.S. Congress to put an end to the Migrant Protection Protocols by defunding the program in its upcoming budget vote before the end of this calendar year. House Committee Amendment No. 1 Corrects a date.

Amends the Code of Civil Procedure. Defines "communication" and "restorative justice practice". Provides that communications received by a party in preparation for, during, or after a restorative justice practice are inadmissible in court unless the privilege is: waived by the party or parties about whom the communication concerns; subject to certain exemptions; or used in furtherance of a criminal act.

Amends the School Code. Provides that there is a moratorium on the establishment of new charter schools in financially distressed school districts, including new campuses of existing charter schools, for such a time as the school district meets the definition of a financially distressed school district.

Amends the Illinois Workforce Innovation Board Act. Provides that on or before December 15, 2019, and on or before each December 15 thereafter, the Illinois Workforce Innovation Board must review labor market data and projections in this State and must submit to the State Board of Education and the Illinois Community College Board a list of each career area, along with a designation of one of 3 categories. Amends the Vocational Academies Act. Provides that, beginning July 1, 2020, the State Board must allocate grants to vocational academies with consideration to certain factors. Provides that on or before December 15, 2020, and on or before each December 15 thereafter, the State Board must report to the General Assembly enrollment and completion data for each vocational academy and the number and type of pathway endorsements issued to students under a Community Partnership for Pathway Endorsement grant program. Amends the Public Community College Act. Provides that, subject to appropriation and allocation of matching grants through the federal Carl D. Perkins Career and Technical Education Act of 2006, the Illinois Community College Board must administer a program to provide Community Partnership for Pathway Endorsement grants to community college districts; specifies grant requirements. Provides that no more than 20 grants may be awarded each year and the grant amount must be at least $40,000 for a partnership that serves 5 high schools and may be up to $75,000 for a partnership that serves more than 5 high schools. Effective immediately.

Amends the Property Tax Code. Provides that, in counties with 3,000,000 or more inhabitants, a taxpayer who has been granted a senior citizens homestead exemption need not reapply for the exemption. Provides that the county assessor shall establish procedures with the county recorder of deeds or the county clerk, as applicable, to determine whether a person who has been granted a senior citizens homestead exemption has conveyed ownership of the property or is deceased. Provides that, if the person has conveyed ownership of the property or is deceased, then the county assessor shall mail notice to the new owner of the property stating that (i) the exemption will be removed from the property and (ii) the new property owner may reapply for the exemption if the property becomes qualified.

Amends the Illinois Income Tax Act. Creates an income tax credit for an Illinois business that increases its average full-time employee head count in the State for the taxable year by more than 20% over its average full-time employee head count in the State for the immediately preceding taxable year. Provides that the amount of the credit is 20% of its tax liability under this Act (other than its withholding tax liability) for the taxable year. Provides that the credit is exempt from the Act's automatic sunset provision. Effective immediately.