Sen. Doris Turner

Creates the Agritourism Liability Act. Provides that an agritourism operator is not liable for the injury or death of a participant resulting from the inherent risks of agritourism activities if the agritourism operator posts the prescribed warning notice. Provides that a participant assumes the inherent risks of an agritourism activity by engaging in the agritourism activity. Provides that no participant may pursue an action or recover from an agritourism operator for injury, loss, damage, or death of the participant resulting from any of the inherent risks of agritourism activities. Provides that nothing prevents or limits the liability of an agritourism operator if the agritourism operator: (1) commits an act or omission that constitutes willful or wanton disregard for the safety of the participant and that act or omission proximately causes injury, damage, or death to the participant; or (2) has actual knowledge or reasonably should know of an unusual dangerous condition on the land, facilities, or equipment used in the activity or the dangerous propensity of a particular animal used in such an activity, does not make the danger known to the participant, and the danger proximately causes injury, damage, or death to the participant. Provides that an agritourism operator shall post and maintain a warning notice in a clearly visible location at or near the entrance to the agritourism activity. Effective July 1, 2023.

Amends the State Fire Marshal Act. Defines "fire-resistant material" and "fire-resistant material applicator". Provides that it is unlawful for a person to engage in business as a fire-resistant material applicator in this State without being certified by the Office of the State Fire Marshal. Establishes a civil penalty of up to $250 for each violation of the provisions. Requires the Office to regulate fire-resistant material applicators by developing and implementing a certification and certification renewal process, developing training requirements, and adopting rules. Allows the Office to charge a certification fee and a certification renewal fee. Provides that registration as a fire-resistant material applicator must be renewed annually. Requires the Office to develop a list of grounds for revoking certification as a fire-resistant material applicator. Permits the Office to investigate allegations of actions that constitute grounds for revocation and may revoke certification if, in Office's determination, a violation has occurred. Effective immediately.

Mourns the death of Poletha "Polly" Webster of Springfield.

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.

Resolves that, for the 103rd General Assembly, Tim Anderson is elected Secretary of the Senate, Scott Kaiser is elected Assistant Secretary of the Senate, Claricel "Joe" Dominguez is elected Sergeant-at-Arms, Dirk Eilers is elected Assistant Sergeant-at-Arms.

Amends the Drug Court Treatment Act. Defines "clinical treatment plan" and "peer recovery coach". Provides that the assessment of the defendant shall include a validated clinical assessment. The clinical assessment shall include, but not be limited to, assessments of substance use and mental and behavioral health needs. The clinical assessment shall be administered by a qualified clinician and used to inform any Clinical Treatment Plans. Provides that the court may establish a mentorship program that provides access and support to program participants by peer recovery coaches. Amends the Veterans and Servicemembers Court Treatment Act. Provides that peer recovery coaches shall work to help facilitate participants' independence for continued success once the supports of the court are no longer available to them. Provides for education seminars for Veterans and Servicemembers, court prosecutors, judges, and public defenders. Amends the Mental Health Court Treatment Act. Provides that the court may establish a mentorship program that provides access and support to program participants by peer recovery coaches. Makes other changes. House Floor Amendment No. 3 Adds reference to: 730 ILCS 166/15 730 ILCS 166/20 730 ILCS 166/40 730 ILCS 166/45 730 ILCS 166/50 730 ILCS 167/5 730 ILCS 167/15 730 ILCS 167/30 730 ILCS 168/5 730 ILCS 168/15 730 ILCS 168/30 730 ILCS 168/55 new Replaces everything after the enacting clause. Reinserts the provisions of the bill as introduced with the following changes: Further amends the Drug Court Treatment Act. Defines "validated clinical assessment". Provides that a defendant may be ordered to complete mental health counseling, comply with physician recommendations regarding medications, and receive follow up treatment for a mental health diagnosis. Provides that the court shall prioritize the least restrictive treatment option when ordering mental health or substance use treatment for participants. Provides that jail-based custodial treatment may be used if it is found to be the least restrictive alternative. Provides that partnerships between the State of Illinois and community mental health or behavioral health centers shall be prioritized whenever possible. Further amends the Veterans and Servicemembers Court Treatment Act. Makes similar changes. Provides that peer recovery coaches should be individuals with lived experience and that they shall work to help facilitate participant experience. Further amends the Mental Health Court Treatment Act. Makes similar changes. Provides for education seminars currently offered for Drug Court Treatment Act prosecutors, judges, and public defenders for Veterans and Servicemembers Treatment Court and Mental Health Treatment Court prosecutors, judges, and public defenders. Makes other changes. Senate Floor Amendment No. 2 Deletes reference to: 730 ILCS 166/5 730 ILCS 166/10 730 ILCS 166/15 730 ILCS 166/20 730 ILCS 166/25 730 ILCS 166/30 730 ILCS 166/35 730 ILCS 166/40 730 ILCS 166/45 730 ILCS 166/50 730 ILCS 167/5 730 ILCS 167/10 730 ILCS 167/15 730 ILCS 167/20 730 ILCS 167/25 730 ILCS 167/30 730 ILCS 167/35 730 ILCS 167/40 new 730 ILCS 167/45 new 730 ILCS 167/50 new 730 ILCS 168/5 730 ILCS 168/10 730 ILCS 168/15 730 ILCS 168/20 730 ILCS 168/25 730 ILCS 168/30 730 ILCS 168/35 730 ILCS 168/45 new 730 ILCS 168/50 new 730 ILCS 168/55 new Adds reference to: 720 ILCS 5/12-3.05 was 720 ILCS 5/12-4 Replaces everything after the enacting clause. Provides that the Act may be referred to as the Knight-Silas Legacy Act. Amends the Criminal Code of 2012. Provides that a person commits a Class 1 felony offense of aggravated battery when the person is over the age of 21 and, in committing a battery, other than by the discharge of a firearm, he or she knowingly causes great bodily harm or permanent disability or disfigurement to an individual whom the person knows to be a Department of Children and Family Services employee. Provides that a person commits a Class 2 felony offense of aggravated battery when the person is over the age of 21 and, in committing a battery, other than by discharge of a firearm, he or she knows the individual battered to be a Department of Children and Family Services employee. Provides that "Department of Children and Family Services employee" includes any Department case worker or investigator employed by an agency or organization providing social work, case work, or investigative services under a contract with or a grant from the Department of Children and Family Services.

Amends the Criminal Code of 2012. Repeals the statute creating the offense of criminal transmission of HIV. Makes conforming changes in the AIDS Confidentiality Act, the Illinois Sexually Transmissible Disease Control Act, the Illinois Vehicle Code, the Criminal Code of 2012, and the Unified Code of Corrections. Effective immediately.

Creates the Illinois Renewable Fuel Standards Act. Provides that diesel fuel must contain at least a stated percentage of biodiesel fuel oil by volume on and after a specified date. Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act. Makes changes concerning incentives for biodiesel to provide that the incentive for 100% biodiesel and biodiesel blends with more than 10% but no more than 99% biodiesel applies through June 30, 2024 (currently, December 31, 2023). Provides that, with respect to 100% biodiesel and biodiesel blends with more than 19% but no more than 99% biodiesel, the tax does not apply to proceeds of sales made on or after July 1, 2024. Effective immediately, except that provisions creating the Illinois Renewable Fuel Standards Act take effect on July 1, 2022.

Amends the Medical Assistance Article of the Illinois Public Aid Code. In a provision concerning dental services for children and adults under the medical assistance program, lists the codes for certain dental procedures that shall be reimbursed at specified amounts.

Creates the Fair Food Delivery Act. Prohibits a third-party delivery service from using the likeness, registered trademark, or intellectual property belonging to a merchant, and from taking or arranging for the pickup or delivery of an order from a merchant through the marketplace, without first obtaining written consent from the merchant. Provides that an agreement subject to the Act may not include a provision that requires a merchant to indemnify a third-party delivery service, an independent contractor of the third-party delivery service, or a registered agent of the third-party delivery service for any damages or harm partially or wholly caused by or resulting from the third-party delivery service, an independent contractor of the third-party delivery service, or a registered agent of the third-party delivery service. Authorizes recovery of actual damages or $5,000, whichever is greater. Imposes a civil penalty of not more than $1,000 per violation. Provides that each day a violation occurs constitutes a separate violation. Defines terms.