Sen. Dave Koehler

Declares April of 2023 as "Prescribed Burning Awareness Month" in the State of Illinois.

Amends various Acts relating to the governance of public universities and community colleges in Illinois. Requires the governing board of each public university and community college district to provide an adjunct professor or part-time or non-tenure track faculty member hired to teach a class on campus during an academic term with free campus parking or full reimbursement for the cost of campus parking for that academic term.

Amends the Vehicle Emissions Inspection Law of 2005 of the Illinois Vehicle Code. Provides that, by December 1, 2023, the Illinois Environmental Protection Agency shall adopt rules to implement the motor vehicle emission standards of the State of California, including, but not limited to the (1) zero-emission vehicle program, (2) low-emission vehicle program, (3) advanced clean trucks program, and (4) heavy-duty low NOx omnibus program, and shall amend the rules within 6 months of any changes to maintain consistency with the California motor vehicle emission standards and federal clean air laws. Provides that the rules may incorporate by reference the California motor vehicle standards established in final regulations issued by the California Air Resources Board and promulgated under the California Health and Safety Code. Effective immediately.

Amends the School Code. Makes a technical change in a Section concerning the powers and duties of the State Board of Education.

Creates the Local Food Infrastructure Grant Act. Provides that the Department of Agriculture shall develop and administer an annual Local Food Infrastructure Grant Program to enhance local food processing, aggregation, and distribution within the State. Establishes eligibility requirements for the grants. Provides that all grant funding must be used for the purchasing, leasing to own, renting, building, or installation of infrastructure that will increase market access of Illinois communities to Illinois agricultural products. Provides that the Department shall create an independent Local Food Infrastructure Steering Committee to guide the implementation and evaluation of the grant. Provides that the committee shall be selected by the Director. Provides that the committee shall include, but is not limited to, at least 3 farmers, including one specialty crop farmer, one livestock farmer, and one farmer of color; one representative from the local food processing industry, one representative from a non-profit organization serving farmers of color, one representative from a non-profit organization serving farmers at large, and one representative from the Department. Provides that the Director must file with the Governor and General Assembly, and publish publicly on or before March 1 of each year, a written report detailing the impact of the Local Food Infrastructure Grant for the previous calendar year. The report must include a complete list of (1) all applications for grants under the Local Food Infrastructure Grant Program during the previous calendar year; (2) all persons that were awarded the Local Food Infrastructure Grant and the nature and amount of their awards in the previous calendar year; and (3) the economic impact of the grant from the previous calendar year, which may include jobs created, local food sales increases, and communities served. Amends the State Finance Act to create the Local Food Infrastructure Grant Fund in the State treasury. Effective immediately.

Amends the Illinois Lottery Law. Provides that the Department of the Lottery shall offer a special instant scratch-off game titled "Epilepsy Quality of Life". Provides that the game commences on January 1, 2024 and shall be discontinued on December 31, 2029. Provides that the operation of the game is governed by the Act and by any rules adopted by the Department. Creates the Epilepsy Quality of Life Fund. Provides that the Department shall award grants to qualified recipients in amounts that are proportionate to the annual budget of each recipient in relation to every other recipient. Provides that during the time that tickets are sold for the Epilepsy Quality of Life game, the Department shall not unreasonably diminish the efforts devoted to marketing any other instant scratch-off lottery game. Provides that the Department may adopt any rules necessary to implement the scratch-off game. Makes a corresponding change in the State Finance Act.

Creates the Digital Forgeries Act. Provides that an individual depicted in a digital forgery has a cause of action against any person who, without the consent of the depicted individual, knowingly distributes a digital forgery, creates a digital forgery with intent to distribute, or solicits the creation of a digital forgery with the intent to distribute: (1) in order to harass, extort, threaten, or cause physical, emotional, reputational, or economic harm to an individual falsely depicted; (2) with reckless disregard for whether such a creation, distribution, reproduction, or manipulation will cause physical, emotional, reputational, or economic harm to an individual falsely depicted; or (3) in order to incite violence or interfere with an official proceeding. Allows a prevailing plaintiff to be awarded damages, costs, and additional relief. Allows the court to grant injunctive relief maintaining the confidentiality of a plaintiff using a pseudonym.

Amends the Counties Code. Provides that the county boards of Kankakee County and Tazewell County (currently, Kane County, Kendall County, and Will County) may also, by ordinance, impose a judicial facilities fee to be used for the building of new judicial facilities. Effective immediately.

Creates the Illinois Fertility Fraud Act. Allows the following individuals to bring an action against any health care provider, embryologist, or any other person involved in any stage of the treatment who knowingly or intentionally used the health care provider's, embryologist's, or person's own human reproductive material without the patient's informed written consent to treatment using the health care provider's, embryologist's, or person's human reproductive material: a woman who gives birth to a child after receiving assisted reproductive treatment or any other artificial means used to cause pregnancy; the spouse of the woman; the surviving spouse of the woman; or a child born as a result of the treatment. Allows a donor of human reproductive material to bring an action against a health care provider under certain circumstances. Provides that a plaintiff who prevails in an action is entitled to reasonable attorney's fees and compensatory and punitive damages or liquidated damages of $50,000. Provides that any child born as a result of the fertility fraud is entitled to a qualified protective order allowing the child access to the personal medical records and health history of the health care provider, embryologist, or other person who committed the fraud. Amends the Illinois Income Tax Act. Includes in the list of modifications of a taxpayer's adjusted gross income for the taxable year, to the extent includible in gross income for federal income tax purposes, any amount awarded or paid to the taxpayer as a result of a judgment or settlement for fertility fraud. Amends the Criminal Code of 2012. Provides that a person commits criminal sexual assault if that person is a health care provider who knowingly or intentionally provides assisted reproductive treatment to a patient by using the health care provider's own spermatozoon or ovum without the patient's informed written consent to treatment using the health care provider's spermatozoon or ovum. Amends the Code of Civil Procedure. Provides that an action for fertility fraud must be commenced within the later of 20 years after specified events.

Amends the Illinois Secure Choice Savings Program Act. Provides that the Illinois Secure Choice Savings Board shall determine the number and duties of staff members needed to administer the Illinois Secure Choice Savings Program and assemble such a staff in collaboration with the State Treasurer. Provides that the Board shall keep investment fees (rather than total annual expenses) as low as possible, but in no event shall they exceed 0.25% (rather than 0.75%). Provides that the Board may charge administrative fees, established by rule, that shall be consistent with industry standards. Provides that the definition of "employer" does not include the federal government, the State, any county, any municipal corporation, or any of the State's units or instrumentalities. Makes other changes. Effective immediately.